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LYKKEN v. BRADY

No. 09-3008.

622 F.3d 925 (2010)

Kerwyn LYKKEN; Esther Lykken, Appellants, v. Crystal BRADY; Kevin Thom, Special Administrator of the Michael Braley Estate; Fred Devaney; Trevor Jones; Kevin Thom; Mike Bucholz, Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: September 21, 2010.

Attorney(s) appearing for the Case

David Hosmer , argued, Yankton, SD, for appellant.

Robert B. Anderson , argued, Michael F. Shaw , on the brief, Pierre, SD, for appellees Daveny, Thom and Jones.

Douglas M. Deibert , argued, Michael A. Henderson , on the brief, Sioux Falls, SD, for appellee Bucholz.

Gary P. Thimsen , argued, Michele A. Munson , on the brief, Sioux Falls, SD, for appellee Brady.

Before RILEY, Chief Judge, JOHN R. GIBSON and MURPHY, Circuit Judges.

RILEY, Chief Judge.

Pursuant to a valid warrant, law enforcement officers engaged in a large-scale search of Kerwyn Lykken's and Esther Lykken's (together, the Lykkens), Union County, South Dakota, farm. As the search was conducted, some of the Lykkens' livestock bolted through a fence, and Esther's pregnant cat gave birth. The search lasted four days, during which the livestock lost weight, Esther's stove was left on, and some of the kittens died. The Lykkens sued...

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