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FLETCHER v. BURKHALTER

No. 09-7003.

605 F.3d 1091 (2010)

Jack Wade FLETCHER, Plaintiff-Appellee, v. Jerome BURKHALTER, Defendant-Appellant, McIntosh County Board of County Commissioners, Oklahoma, Defendant.

United States Court of Appeals, Tenth Circuit.

May 24, 2010.

Attorney(s) appearing for the Case

Chris J. Collins and Timothy M. Melton, Collins, Zorn & Wagner, P.C., Oklahoma City, OK, for Defendant-Appellant.

Jim Wilcoxen, Wilcoxen & Wilcoxen, Muskogee, OK, and Dennis N. Shook, Wagoner, OK, for Plaintiff-Appellee.

Before HARTZ, McKAY, and O'BRIEN, Circuit Judges.

HARTZ, Circuit Judge.

Jack Wade Fletcher (Plaintiff Fletcher) sued McIntosh County Deputy Sheriff Jerome Burkhalter1 under 42 U.S.C. § 1983. He alleged that Deputy Burkhalter had violated his rights under the Fourth Amendment (as applied to the states under the Fourteenth Amendment, see Mapp v. Ohio, 367 U.S. 643, 655, 81 S.Ct. 1684, 6 L.Ed.2d 1081 (1961)), by signing a probable-cause affidavit...

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