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MAZUZ v. MARYLAND

No. 05-1463.

442 F.3d 217 (2006)

Rafael MAZUZ, Plaintiff-Appellee, v. The State of MARYLAND; Philip P. Tou, Defendants-Appellants.

United States Court of Appeals, Fourth Circuit.

Decided March 29, 2006.

Attorney(s) appearing for the Case

ARGUED: Dawna Marie Cobb, Assistant Attorney General, Office of the Attorney General of Maryland, Baltimore, Maryland, for Appellants. William James Mertens, Bethesda, Maryland, for Appellee. ON BRIEF: J. Joseph Curran, Jr., Attorney General of Maryland, Baltimore, Maryland, for Appellants.

Before WIDENER and SHEDD, Circuit Judges, and WALTER D. KELLEY, JR., United States District Judge for the Eastern District of Virginia, sitting by designation.

Vacated and remanded by published opinion. Judge SHEDD wrote the opinion, in which Judge WIDENER and Judge KELLEY joined. Judge KELLEY wrote a separate concurring opinion.

SHEDD, Circuit Judge.

While executing a search warrant in a University of Maryland, College Park, dormitory during a multi-room drug raid, university police detective Philip Tou and other law enforcement officers mistakenly entered the wrong room and briefly detained the residents of that...

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