BLOCK v. DUPIC

No. 13-2889.

758 F.3d 1062 (2014)

Burdette BLOCK, Plaintiff-Appellant v. Adam DUPIC, Defendant-Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: July 15, 2014.


Attorney(s) appearing for the Case

Rick L. Ramstad , Sioux Falls, SD, argued, for Plaintiff-Appellant.

William Fuller , Hilary Lynn Williamson , Sioux Falls, SD, argued, for Defendant-Appellee.

Before BYE, MELLOY, and BENTON, Circuit Judges.


MELLOY, Circuit Judge.

Police officers briefly restrained a sleeping man while executing a search warrant during early morning hours. The man, now Plaintiff, sued the officer who submitted an oral affidavit in support of the warrant. Plaintiff claimed that the affidavit violated the Fourth Amendment because the officer intentionally or recklessly omitted material information from it. See Franks v. Delaware, 438 U.S. 154, 98 S...

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