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MATHIS v. COUNTY OF LYON

No. 08-17302.

633 F.3d 877 (2011)

Richard MATHIS, Special Administrator of the Estate of Joe Robinson Mathis and as Trustee of the Joe Robinson Mathis and Eleanor Margherite Mathis Trust, aka Joe R. Mathis; James Mathis, individually; Anthony Mathis, individually, Plaintiffs-Appellees, v. COUNTY OF LYON, a Political Subdivision of the State of Nevada, Defendant, and Richard Glover, individually, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed February 1, 2011.

Attorney(s) appearing for the Case

Keith L. Loomis , Reno, NV, for the appellant.

Paola M. Armeni , Las Vegas, NV, for the appellees.

Opinion by Judge HUG; Partial Concurrence and Partial Dissent by Judge BYBEE.

OPINION

HUG, Circuit Judge:

This case concerns the actions of Richard Glover, the Public Administrator of Lyon County, Nevada, after the death of Joe Mathis. Before us is an interlocutory appeal based only on the allegations in the complaint denying qualified immunity for Glover's actions in entering Joe Mathis's home without a warrant and failing to give notice to his sons before doing so. The complaint makes the following allegations. On May 29, 2008,...

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