KALMAS v. WAGNER

No. 64206-1.

943 P.2d 1369 (1997)

133 Wash.2d 210

James KALMAS and Kyra Sharpe, Respondents, v. Donald WAGNER and James Jones, Petitioners.

Supreme Court of Washington, En Banc.

Decided September 25, 1997.


Attorney(s) appearing for the Case

Jeffrey Needle, Seattle, for Amicus Curiae American Civil Liberties Union.

John Ladenburg, Pierce County Prosecutor and Kitty-Ann Van Doorninck, Deputy County Prosecutor, Tacoma, for Petitioners.

Ralph Seeley and Law Offices of Neil J. Hoff, Paul A. Lindenmuth, Tacoma, for Respondents.


JOHNSON, Justice.

Two deputy sheriffs were sued under 42 U.S.C. § 1983 after one of them accompanied a property manager into a residence at the request of the tenant. The Court of Appeals reversed the trial court's dismissal of the suit. We reverse the Court of Appeals and hold there was no unreasonable search and, therefore, no constitutional violation on which to base a civil rights action.

FACTS

Plaintiffs James Kalmas and Kyra Sharpe signed...

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