KIESLING v. HOLLADAY

No. 16-2197.

859 F.3d 529 (2017)

Christopher KIESLING; Katy Kiesling, Plaintiffs-Appellees v. Doc HOLLADAY, Individually, and in his official capacity as Sheriff of Pulaski County, AR; Mark Swagerty, Individually, and in his official capacity as a Pulaski County Sheriff Deputy; Cardarious Walker, Individually, and in his official capacity as a Pulaski County Sheriff Deputy; James Foster, Individually, and in his official capacity as a Pulaski County Sheriff Deputy; Christopher Holmes, Individually, and in his official capacity as a Pulaski County Sheriff Deputy; Austin McKinniss, Individually, and in his official capacity as a Pulaski County Sheriff Deputy; Kelle McAvoy, Individually, and in his official capacity as a Pulaski County Sheriff Deputy; Zachary Warren, Individually, and in his official capacity as a Pulaski County Sheriff Deputy; James Potter, "Jim" Individually, and in his official capacity as a Pulaski County Sheriff Deputy; Adam Robertson, Individually, and in his official capacity as a Pulaski County Sheriff Deputy; James Kock, Individually, and in his official capacity as a Pulaski County Sheriff Deputy; Bill Howell, in his individual capacity only; Joe Williams, in his individual capacity only; Gary Don Stell, in his individual capacity only; Mike Nast, in his individual capacity only; Travis Thorn, in his individual capacity only; Matt Flowers, in his individual capacity only, Defendants. Ross Spurlock, in his individual capacity only, Defendant-Appellant. Pulaski County Arkansas, Defendant.

United States Court of Appeals, Eighth Circuit.

Filed: June 9, 2017.


Attorney(s) appearing for the Case

Counsel who presented argument on behalf of the appellant was John Parker Marks , of Little Rock, AR.

Counsel who presented argument on behalf of the appellee was Edward G Adcock , of Little Rock, AR. The following attorney(s) appeared on the appellee brief; Charles Daniel Hancock , of Little Rock, AR.

Before RILEY, Chief Judge, GRUENDER, Circuit Judge, and GRITZNER, District Judge.


Corporal Ross Spurlock of the Arkansas Game and Fish Commission ("AGFC") appeals the denial of his motion to dismiss various claims related to the search of a residence. Although Spurlock conducted the challenged search pursuant to a warrant, the district court determined that he was not entitled to qualified immunity because...

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