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BELANUS v. CLARK

No. 12-35952.

796 F.3d 1021 (2015)

Duane Ronald BELANUS, Plaintiff-Appellant, v. Phil CLARK; Raymond Potter; Cory Olson; Larry Platts; Allen Hughes; Pat Hurley; Leo Dutton; Leo Gallagher; Melissa Broch, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed August 5, 2015.

Attorney(s) appearing for the Case

Thomas Christoph Keller (argued) and Britta Stamps (argued), certified law student representatives, University of Arkansas Federal Appellate Litigation Project, Fayetteville, AR; Lindsey C. Lien and Colin Seaborg , certified law student representatives, Gregory C. Sisk , supervising attorney, University of St. Thomas School of Law Appellate Clinic, Minneapolis, MN, for Plaintiff-Appellant.

Rebekah J. French , Special Assistant Attorney General, Helena, MT, for Amicus Curiae State of Montana.

Opinion by Judge CALLAHAN; Partial Concurrence and Partial Dissent by Judge FERNANDEZ.

OPINION

Montana state prisoner Duane Ronald Belanus filed this § 1983 action asserting claims based on the alleged violation of his rights under the United States and Montana constitutions as a result of searches of his home, storage shed, and workplace in 2008, that were made in connection with his criminal...

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