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ROWE v. LAMB

No. 96-1879.

130 F.3d 812 (1997)

Anthony J. ROWE, Appellee, v. Brian LAMB, Jail Supervisor; Brian Ellinger, Jailer, Appellants, Mike Carlson, in their individual and official capacities: Chuck Carson, Lt.; Chris Chernock, Sgt.; County of Dakota, Nebraska, Defendants.

United States Court of Appeals, Eighth Circuit.

Decided November 28, 1997.

Rehearing Denied January 15, 1998.

Attorney(s) appearing for the Case

Kimberly K. Sturzenegger, Lincoln, NE, argued (Richard L. Boucher, on the brief), for Appellant.

Debra Rectenbaugh Pettit, Des Moines, IA, argued (Beverly Evans Grenier, on the brief), for Appellee.

Before BOWMAN, WOLLMAN, and BEAM, Circuit Judges.

BEAM, Circuit Judge.

Brian Lamb and Brian Ellinger appeal the district court's denial of their motions for summary judgment based on qualified immunity in this 42 U.S.C. § 1983 action brought by a probationer. We reverse.

I. BACKGROUND

Anthony Rowe entered a plea of guilty to various offenses.1 He was placed on probation. One condition of his probation was that he "submit to a search of his person or property at...

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