KORNEGAY v. COTTINGHAM

No. 96-7423.

120 F.3d 392 (1997)

Lynette KORNEGAY, on her behalf and as guardian ad litem for her two minor children; Andrea Alexander; Reginald Kornegay, Appellants, v. DeWayne COTTINGHAM, Detective, and certain unidentified officers of the Wilmington Police Force; Alfred Kaczarowski; John Ciratella; Scott Sowden; Liam Sullivan; William Browne; Bruce Coffiey; M.J. Browne; Sean Finerty; Richard Iardella; Marlyn Dietz; Officer Thomas Spell; Jack Fortney; Michael Rodriquez; Richard Brown; City of Wilmington.

United States Court of Appeals, Third Circuit.

Decided July 23, 1997.


Attorney(s) appearing for the Case

Charles Slanina (Argued), Biggs & Battaglia, Wilmington, DE, for Appellants.

William J. Rhodunda Jr. (Argued), City of Wilmington Law Department, Wilmington, DE, for Appellees.

Before: COWEN, McKEE, and JONES, Circuit Judges.


OPINION OF THE COURT

McKEE, Circuit Judge.

Lynette Kornegay filed this action under 42 U.S.C. § 1983 alleging that various Delaware law enforcement officers conducted an illegal search of her home in violation of the Fourth and Fourteenth Amendments. The district court granted defendants' motion for summary judgment based upon their assertion of qualified immunity. For the reasons that follow, we will reverse in part and remand for further proceedings...

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