VALDEZ v. McPHETERS

No. 97-4057.

172 F.3d 1220 (1999)

Rosanna VALDEZ, Plaintiff-Appellant, v. Samuel McPHETERS, an agent of the Federal Bureau of Investigation, and Greg Littlewhiteman, an officer of the Bureau of Indian Affairs, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

April 5, 1999.


Attorney(s) appearing for the Case

Stephen C. Clark (Pamela Martinson on the brief) of American Civil Liberties Union of Utah Foundation, Inc., Salt Lake City, Utah, for Plaintiff-Appellant.

Paul Michael Brown, Torts Branch, Civil Division, Washington, D.C., (Barbara L. Herwig, Appellate Staff, Civil Division, Washington, D.C., with him on the brief) for Defendants-Appellees.

Before EBEL and BRISCOE, Circuit Judges, and MARTEN, District Judge.


MARTEN, District Judge.

On December 7, 1993, FBI Special Agent Samuel Michael McPheters and Bureau of Indian Affairs ("BIA") Police Officer Gregory Littlewhiteman arrived at the plaintiff Rosanna Valdez's residence in LaPoint, Utah. The officers told the plaintiff that there was an outstanding felony warrant for the arrest of her son, Raymond Nathaniel Valdez. McPheters told the plaintiff they would like to come inside to see if her son was present.

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