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DENVER JUSTICE & PEACE v. CITY OF GOLDEN

No. 03-1470.

405 F.3d 923 (2005)

DENVER JUSTICE AND PEACE COMMITTEE, INC.; Luis Espinosa-Organista, Plaintiffs-Appellees, v. CITY OF GOLDEN; David Farley, a detective with the Golden Police Department, in his individual capacity; Jeff D. Kreutzer, a detective with the Golden Police Department, in his individual capacity; David J. Thomas, District Attorney for the First Judicial District, in his official capacity; Mark Pautler, an Assistant District Attorney for the First Judicial District, in his individual capacity; City and County of Denver, Defendants, and Anthony Ortiz, an officer with the Denver Police Department, in his individual capacity, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

April 26, 2005.

Attorney(s) appearing for the Case

Stan M. Sharoff, Assistant City Attorney, Denver City Attorney's Office (Thomas S. Rice and Brian K. Matise, Senter Goldfarb & Rice, L.L.C., on the brief), Denver, Colorado, for Defendant-Appellant.

Mark Silverstein, American Civil Liberties Union, (Lino S. Lipinsky de Orlov, McKenna Long & Aldridge LLP, with him on the brief) Denver, Colorado, for Plaintiffs-Appellees.

Before BRISCOE, HOLLOWAY and HARTZ, Circuit Judges.

HOLLOWAY, Circuit Judge.

Plaintiffs sued the City of Golden and Denver police officer Anthony Ortiz ("Ortiz") under 42 U.S.C. §§ 1983 and 1988, alleging violation of their Fourth Amendment rights during a search of the Denver Justice and Peace Committee ("DJPC") offices. The District Court denied Defendants' motion to dismiss claims against Officer Ortiz on the ground of qualified immunity, for Ortiz's pat-down search of Plaintiff-Appellee Luis Espinosa...

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