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CALLAHAN v. MILLARD COUNTY

No. 06-4135.

557 F.3d 1140 (2009)

Afton CALLAHAN, Plaintiff-Appellant, v. MILLARD COUNTY; The Central Utah Narcotics Task Force; Sevier County; Piute County; Mt. Pleasant City; Wayne County; Richfield City; Salina City; Gunnison City; Ephraim City; Cordell Pearson, in his official and individual capacity; Marty Gleave, in his official and individual capacity; Clark Thomas in his official and individual capacity; Dwight Jenkins, in his official and individual capacity; Jeffrey Whatcott, in his official and individual capacity; and John Does I-IX in their official and individual capacities, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

February 25, 2009.

Attorney(s) appearing for the Case

James K. Slavens, Fillmore, UT, for Plaintiff-Appellant.

Peter Stirba (Barbara L. Townsend and Meb W. Anderson with him on the brief), Stirba & Associates, Salt Lake City, UT, for Defendants-Appellees.

Before KELLY and EBEL, Circuit Judges, and MURGUIA, District Judge.

KELLY, Circuit Judge.

Afton Callahan was arrested by the Central Utah Narcotics Task Force (the "Task Force") for distribution and possession of methamphetamine following a warrantless entry into his residence. The warrantless entry occurred after a confidential informant consensually entered Mr. Callahan's residence, purchased methamphetamine using funds provided by the Task Force, and gave what appeared to the officers...

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