ANDERSON v. BLAKE

No. 05-6329.

469 F.3d 910 (2006)

Aundra ANDERSON, an individual, Plaintiff-Appellee, v. Don BLAKE, individually and as a state actor police officer for the City of Norman, Oklahoma, a municipal corporation, Defendant-Appellant and Kimberly Lohman Suiters, also known as Kimberly Lohman, individually and as employee of KOCO-TV; Ohio/Oklahoma Hearst-Argyle Television, Inc., doing business as KOCO TV, a Nevada corporation; The City of Norman, a Municipal corporation, for purposes of injunctive and equitable relief only; John Doe; Jane Doe, other unknown persons or person having responsibility or involvement in the circumstances of the violation of the federal civil rights and/or private rights of the plaintiff, including other state actors, and/or private persons acting in concert, Defendants.

United States Court of Appeals, Tenth Circuit.

November 14, 2006.


Attorney(s) appearing for the Case

Rickey J. Knighton II, (Jeff Harley Bryant and Susan D. Rogers, on the briefs), Norman, OK, for Defendant-Appellant.

Michael C. Salem, Norman, OK, for Plaintiff-Appellee.

Before KELLY, HOLLOWAY, and McCONNELL, Circuit Judges.


PAUL KELLY, JR., Circuit Judge.

Defendant-Appellant Don Blake appeals the district court's denial of his Fed. R.Civ.P. 12(b)(6) motion to dismiss based on qualified immunity. Officer Blake contends that the district court erred by (1) holding that Plaintiff-Appellee Aundra Anderson possessed a constitutionally protected privacy interest in the contents of a video depicting her alleged rape, (2) holding that Ms. Anderson's constitutional privacy interest was clearly...

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