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BAPTISTE v. J.C. PENNEY CO.

No. 97-1047.

147 F.3d 1252 (1998)

Sylvia E. BAPTISTE, an individual, Plaintiff-Appellee, v. J.C. PENNEY COMPANY, INC., a Colorado corporation; Gary Brown, Kenneth Gurule, and Melanie Heimann, in their individual capacities, Defendants, and Marvin Hernholm and Cassandra Martin, in their individual capacities, Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

June 30, 1998.

Attorney(s) appearing for the Case

Thomas J. Marrese, (James G. Colvin, II, with him on the brief), Office of the City Attorney, City of Colorado Springs, Colorado Springs, Colorado, for Defendants-Appellants.

Luis A. Corchado, Denver, Colorado, (Monte Lynn Scaggs, Colorado Springs, Colorado, with him in the brief) for Plaintiff-Appellee.

Before ANDERSON, LOGAN and MURPHY, Circuit Judges.

MURPHY, Circuit Judge.

Sylvia E. Baptiste filed a civil rights suit under 42 U.S.C. § 1983 against Colorado Springs Police Officers Marvin Hernholm and Cassandra Martin, claiming they violated under color of state law her right to be free from unreasonable searches and seizures.1 Officers Hernholm and Martin filed a motion for summary judgment based on qualified immunity; the motion was denied by the district court. Officers Hernholm...

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