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BAGBY v. BRONDHAVER

No. 95-3361.

98 F.3d 1096 (1996)

Kelley BAGBY, Appellee, v. Steve BRONDHAVER, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided October 28, 1996.

Attorney(s) appearing for the Case

Neil R. Chamber, argued, Little Rock, AR (Robert A. Russell, Jr., on the brief), for appellant.

Frederick Lee Caddell, argued, Fort Smith, AR, for appellee.

Before BEAM, LOKEN, and MORRIS SHEPPARD ARNOLD, Circuit Judges.

LOKEN, Circuit Judge.

Deputy sheriff Steve Brondhaver appeals an order denying his motion for a qualified immunity dismissal of Kelly Bagby's 42 U.S.C. § 1983 claim. Concluding that Brondhaver's arrest warrant affidavit did not contain objectively unreasonable falsehoods under Franks v. Delaware, 438 U.S. 154, 98 S.Ct. 2674, 57 L.Ed.2d 667 (1978), we reverse.

Between November 1991 and February 1992, Brondhaver was...

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