HOWELL v. POLK

No. 06-16418.

532 F.3d 1025 (2008)

Robert Allen HOWELL, husband; Patti Howell, wife, Plaintiffs-Appellants, v. Sheila Sullivan POLK, Yavapai County Attorney; Robert Reed, City of Prescott Police Chief; David Benner, City of Prescott Assistant Police Chief; Pat Huntsman, Town of Chino Valley Police Chief; George "Buck" Buchanan, Yavapai County Sheriff; Dan Schatz, City of Prescott Valley Police Chief; PAT Spence, City of Cottonwood Police Chief; Lloyd Jones, City of Clarkdale Police Chief; Joe Vernier, City of Sedona Police Chief; John C. Wischmeyer; Allen Muma, Jerome Police Chief; John O'Hagan, Yavapai County Sheriff's Office; Dana Schmidt, Sedona Assistant Police Chief; Pete Hodap, City of Prescott police officer and former supervisor of the Prescott Area Narcotics Task Force ("Pant"); Kel Palguta, City of Prescott Valley police officer and officer of Pant; Randy Johnson, Yavapai County Sheriff officer and officer of Pant; Chris Wylie, City of Clarkdale police officer and officer of Pant; Lucas Wilcoxson, City of Sedona police officer and officer of Pant; Mat Gronek, Town of Chino Valley police officer and officer of Pant; Amy Bonney, City of Prescott police officer, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed July 16, 2008.


Attorney(s) appearing for the Case

Charles Anthony Shaw, Law Offices of Charles Anthony Shaw, PLLC, Prescott, AZ; Krista M. Carman, Warnock, Mackinlay & Associates, PLLC, Prescott, AZ, for the plaintiffs-appellants.

James M. Jellison, Schleier, Jellison & Schleier, P.C., Phoenix, AZ; Larry Crown, Elan Mizrahi, Jennings, Haug & Cunningham, Phoenix, AZ; Thomas Lloyd, Gary D. Kidd, Prescott Legal Department, Prescott, AZ, for the defendants-appellees.

Before: ALEX KOZINSKI, Chief Judge, A. WALLACE TASHIMA and N. RANDY SMITH, Circuit Judges.


PER CURIAM:

The Howells sued members of the Prescott Area Narcotics Task Force and other municipal and police defendants under 42 U.S.C. § 1983. Plaintiffs claimed, among other things, that the police unconstitutionally executed a knock-and-announce search warrant by failing to wait long enough for the Howells to open the door before breaking it down. A jury disagreed, and found the search to be reasonable. The Howells appeal.

Facts

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