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JONES v. WILHELM

Nos. 04-1261, 04-1605.

425 F.3d 455 (2005)

Mark D. JONES and Theresa A. Jones, Plaintiffs-Appellees, Cross-Appellants, v. Ron WILHELM, Defendant-Appellant, Cross-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided October 3, 2005.

Attorney(s) appearing for the Case

Jeff Scott Olson (argued), Madison, WI, for Plaintiffs-Appellees.

Mark B. Hazelbaker (argued), Hazelbaker & Russell, Madison, WI, for Defendant-Appellant.

Before FLAUM, Chief Judge, and RIPPLE and WILLIAMS, Circuit Judges.

WILLIAMS, Circuit Judge.

While executing a search warrant, Detective Ron Wilhelm and his team of officers mistakenly entered the apartment of Mark and Theresa Jones. Mr. and Mrs. Jones sued Detective Wilhelm pursuant to 42 U.S.C. § 1983 alleging a violation of their Fourth Amendment right to be free of unreasonable searches and seizures. In particular, the Joneses claimed that Wilhelm failed to take reasonable steps to discern the proper target of the warrant...

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