McCLENDON v. STORY COUNTY SHERIFF'S OFFICE

No. 04-1954.

403 F.3d 510 (2005)

Cyndi McCLENDON, Plaintiff-Appellee, v. STORY COUNTY SHERIFF'S OFFICE; Paul H. Fitzgerald; Story County Animal Control Department; Defendants, Sue McCaskey; Brenda Rogers; Defendants-Appellants, Atkinson, Deputy; Upchurch; Denny Watson, Deputy; McKinney, Deputy; Thomas, Deputy, Defendants.

United States Court of Appeals, Eighth Circuit.

Filed: April 4, 2005.


Attorney(s) appearing for the Case

Patrick J. McNulty, argued, Des Moines, IA, for appellant.

Victoria L. Herring, argued, Des Moines, IA, for appellee.

Before MURPHY, LAY, and MELLOY, Circuit Judges.


LAY, Circuit Judge.

This case originated as a claim alleged against several public officials pursuant to 42 U.S.C. § 1983. Plaintiff Cyndi McClendon claimed that the Defendants violated her Fourth Amendment rights by seizing items not identified in the relevant search warrant. The issue is whether the district court erred in partially denying the Defendants' motion for summary judgment because it concluded that a genuine issue of material fact existed as to whether...

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