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SHAW v. SCHULTE

Nos. 21-3130, 21-3131.

36 F.4th 1006 (2022)

Blaine Franklin SHAW, individually and on behalf of a class; Samuel James Shaw, individually and on behalf of a class; Joshua Bosire, individually and on behalf of a class, Plaintiffs-Appellees, and Mark Erich; Shawna Maloney, individually and as the mother and natural guardian of minors D.M. and M.M., Plaintiffs, v. Master Trooper Doug SCHULTE, in his individual capacity; Technical Trooper Brandon McMillan, in his individual capacity, Defendants-Appellants, and Herman Jones, in his official capacity as the Superintendent of the Kansas Highway Patrol, Defendant.

United States Court of Appeals, Tenth Circuit.

Filed June 6, 2022.

Attorney(s) appearing for the Case

Arthur S. Chalmers , Assistant Attorney General ( Derek Schmidt , Attorney General, with him on the briefs), Office of the Attorney General for the State of Kansas, Topeka, Kansas, for Defendants-Appellants.

Joshua Pierson , American Civil Liberties Union and American Civil Liberties Union Foundation of Kansas, Overland Park, Kansas ( Sharon Brett , Kayla De-Loach , American Civil Liberties Union and American Civil Liberties Union Foundation of Kansas, Overland Park, Kansas; and Leslie Greathouse , Patrick McInerney , Madison Perry , Spencer Fane LLP-KC, Kansas City, Missouri, with him on the brief), for Plaintiffs-Appellees.

Before TYMKOVICH, Chief Judge, HARTZ and McHUGH, Circuit Judges.

This case, with claims arising under 42 U.S.C. § 1983, stems from traffic stops of Blaine and Samuel Shaw and of Joshua Bosire that were prolonged for K-9 sweeps. Before the district court, Master Trooper Doug Schulte and Technical Trooper Brandon McMillan moved for summary judgment based on qualified immunity. The district...

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