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HARMAN v. POLLOCK

No. 08-4068.

586 F.3d 1254 (2009)

Melissa HARMAN and Justin Overton, Plaintiffs-Appellants, v. Brent POLLOCK, Officer, Department of Public Safety, State Bureau of Investigations, City of Salt Lake, State of Utah; Scott Barnett, Officer, Department of Public Safety, State Bureau of Investigations, City of Salt Lake, State of Utah, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

November 18, 2009.

Attorney(s) appearing for the Case

Robert B. Sykes and Alyson E. Carter, (with Scott R. Edgar on the brief), Robert B. Sykes & Associates, P.C., Salt Lake City, UT, for Plaintiffs-Appellants.

J. Clifford Petersen, (with Mark L. Shurtleff, Utah Attorney General, on the briefs), Assistant Utah Attorney General, Salt Lake City, UT, for Defendants-Appellees.

Before HENRY, Chief Judge, BRISCOE and LUCERO, Circuit Judges.

HENRY, Chief Judge.

In this ongoing action under 42 U.S.C. § 1983, a previous panel of this court determined that various material factual disputes remained regarding the constitutionality of the near two-hour early morning detention of Melissa Harman and Justin Overton (or the "Plaintiffs"), and the corresponding after-midnight searches of their garage apartment conducted by officers who worked for the Utah Department of Safety. After the panel's remand, the...

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