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CASSADY v. GOERING

No. 07-1092.

567 F.3d 628 (2009)

Thomas J. CASSADY, Plaintiff-Appellee, v. Steven E. GOERING, individually and as Sheriff of Kit Carson County, Colorado, Defendant-Appellant, and Willis E. Boden, individually and as Deputy Sheriff of Kit Carson County, Colorado, Defendant.

United States Court of Appeals, Tenth Circuit.

May 28, 2009.

Attorney(s) appearing for the Case

Robert M. Liechty (Jonathan A. Cross with him on the briefs) of Cross & Liechty, P.C., Denver, CO, for Defendant-Appellant.

Peter R. Bornstein of Denver, CO, for Plaintiff-Appellee.

Before MURPHY, SEYMOUR and McCONNELL, Circuit Judges.

SEYMOUR, Circuit Judge.

Thomas J. Cassady brought this § 1983 action against Steven E. Goering. Mr. Cassady alleged Sheriff Goering violated his Fourth Amendment right to be free from unreasonable searches and seizures. A jury found for Mr. Cassady at the first trial, but he was awarded a new trial due to a prejudicially low damages award. Sheriff Goering filed a Rule 50(b) Motion for Judgment as a Matter of Law and Renewed Motion Based on Qualified Immunity...

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