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BREIDENBACH v. BOLISH

No. 96-1270.

126 F.3d 1288 (1997)

Edward A. BREIDENBACH, Mary Ellen Breidenbach, Frank D. Breidenbach, Geraldine E. Breidenbach, Edward John Breidenbach, Scott A. Harms, Gina L. Bullock, Jason Bullock, Christopher Harms, Nicole Harms, Fransisco Serrano, Steven G. Harms, Jennifer Harms, and Chad Harms, Plaintiffs-Appellees, v. Don BOLISH, Sheriff of Logan County, Ray Neville, Deputy Sheriff with Logan County Sheriff's Department, County of Logan, a county of the State of Colorado, and John Does I Through XL, officers and agents of various governmental entities including Colorado National Guard, Defendants, and Nicola Gesi, Drug Enforcement Administration Special Agent, in his official capacity, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

October 10, 1997.

Attorney(s) appearing for the Case

Nathan D. Chambers, Chambers, Dansky & Hansen, P.C., Denver, CO, for Plaintiffs-Appellees.

Barbara L. Herwig and Edward Himmelfarb, United States Department of Justice, Washington, DC, for Defendant-Appellant Nicola Gesi.

Before EBEL, HENRY, and BRISCOE, Circuit Judges.

HENRY, Circuit Judge.

This appeal arises from the plaintiffs' civil rights action against Nicola Gesi, a special agent of the Drug Enforcement Agency, alleging that Agent Gesi knowingly or recklessly submitted false information in an affidavit used to obtain warrants to search the plaintiffs' homes. Agent Gesi moved to dismiss the action on qualified immunity grounds, arguing that the plaintiffs failed to allege facts sufficient to demonstrate that Agent Gesi violated...

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