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MARCUS v. McCOLLUM

No. 03-6148.

394 F.3d 813 (2004)

Mike MARCUS; Diana Marcus; Nicholas Shiel, a.k.a. Nicholas Marcus, a minor child, by and through his mother Diana Marcus, Plaintiffs-Appellants, v. Carl McCOLLUM, Swope 24 Hr. Wrecker Service, LLC, an Oklahoma Limited Liability Company; Jennifer Thomas; Mason Wilson; David Powell; Kent Borcherding, Defendants-Appellees, and City of Shawnee, Oklahoma, a Municipal corporation, Defendant.

United States Court of Appeals, Tenth Circuit.

December 30, 2004.

Attorney(s) appearing for the Case

Joseph E. McKimmey, Shawnee, OK, for Plaintiffs-Appellants.

David W. Kirk, Dan M. Peters, Carter & Kirk, P.C., Oklahoma City, OK, for Defendants-Appellees.

Before SEYMOUR, Circuit Judge, BRORBY, Senior Circuit Judge, and HENRY, Circuit Judge.

SEYMOUR, Circuit Judge.

Carl McCollum, a creditor of plaintiff Diana Marcus, towed away an automobile parked in plaintiffs' driveway. Plaintiffs filed this lawsuit asserting a civil rights claim under 42 U.S.C. § 1983 against Mr. McCollum, the tow truck service, and police officers present during the incident. The complaint alleges violations of plaintiffs' Fourth Amendment right to freedom from unreasonable search and seizure and Fourteenth Amendment right to...

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