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DOE v. GROODY

No. 02-4532.

361 F.3d 232 (2004)

John DOE, Parent and Natural Guardian of Mary Doe, a minor; Jane Doe, Parent and Natural Guardian of Mary Doe, a minor, and in her own right; Richard Doe v. Joseph GROODY; Michael Aulenbach; Adam Bermodin; Susan Jones; Borough of Ashland; Robert Phillips; Jeffrey Walcott; R.P. Schaeffer; Borough of Schuylkill Haven; Jack Shearin; Borough of Frackville; Robert Bruce, Office of the Attorney General, Bureau of Narcotics Investigation (BNI), Commonwealth of Pennsylvania; Office of Attorney General, Bureau of Narcotics Investigation (BNI), Commonwealth of Pennsylvania; Schuylkill County Drug Task Force, County of Schuylkill Joseph Groody; Adam Bermodin; Robert Phillips; Robert Bruce, Appellants.

United States Court of Appeals, Third Circuit.

Filed March 19, 2004.

Attorney(s) appearing for the Case

Andrew A. Solomon (Argued), Malvern, John M. Dodig, Master, Weinstein, Schnoll & Dodig, Philadelphia, for Appellees.

John G. Knorr, III, (Argued), Office of Attorney General of Pennsylvania, Department of Justice, Harrisburg, for Appellants.

Before ALITO, AMBRO and CHERTOFF, Circuit Judges.

OPINION OF THE COURT

CHERTOFF, Circuit Judge.

Four police officers appeal from the denial of qualified immunity in a lawsuit alleging the unlawful search of occupants of a residence in Schuylkill County, Pennsylvania. The officers argue that they did not violate clearly established federal constitutional rights when they searched a mother and her ten year old daughter in the course of executing a search warrant for narcotics at their home.

The appeal...

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