The gold standard of excellence for more than 80 years, The United States Law Week® is the most authoritative way to keep up with important cases and other legal developments nationwide, in all...
A father and son can’t sue two private citizens involved in the seizure of their animals from an alleged cockfighting operation, the U.S. Court of Appeals for the Tenth Circuit held Jan. 3.
New Mexico police destroyed hundreds of Reyes Marin and Mario Marin’s roosters, hens, and eggs, using search warrants procured with the assistance of a state animal cruelty task force, the court said.
Heather Ferguson Greenhood and Dr. Patricia Feeser Norris were both private citizens and members of the task force, and the Marins alleged that they made false statements that led to issuance of the search warrants, the decision by Judge Carolyn B. McHugh said.
They had qualified immunity from being sued for allegedly violating the Marins’ right to be free from unreasonable search and seizure under the Fourth Amendment, the court ruled.
The private citizens were immune because the plaintiffs failed to cite case law showing that false statements “made to an affiant by a private citizen volunteer” could violate their Fourth Amendment rights.
The plaintiffs also failed to show that those citizens could be considered law enforcement officers, the court said.
Judges Scott M. Matheson Jr. and Robert E. Bacharach joined the decision.
Freedman Boyd Hollander Goldberg Urias & Ward represented Mario and Reyes Marin.
SaucedoChavez represented Greenhood and Norris.
The case is Marin v. King , 2018 BL 1110, 10th Cir., No. 16-2225, 1/3/18 .
To contact the reporter on this story: Patrick L. Gregory in Washington at firstname.lastname@example.org
To contact the editor responsible for this story: Jessie Kokrda Kamens at email@example.com
Full text at http://src.bna.com/voY.
Copyright © 2018 The Bureau of National Affairs, Inc. All Rights Reserved.
All Bloomberg BNA treatises are available on standing order, which ensures you will always receive the most current edition of the book or supplement of the title you have ordered from Bloomberg BNA’s book division. As soon as a new supplement or edition is published (usually annually) for a title you’ve previously purchased and requested to be placed on standing order, we’ll ship it to you to review for 30 days without any obligation. During this period, you can either (a) honor the invoice and receive a 5% discount (in addition to any other discounts you may qualify for) off the then-current price of the update, plus shipping and handling or (b) return the book(s), in which case, your invoice will be cancelled upon receipt of the book(s). Call us for a prepaid UPS label for your return. It’s as simple and easy as that. Most importantly, standing orders mean you will never have to worry about the timeliness of the information you’re relying on. And, you may discontinue standing orders at any time by contacting us at 1.800.960.1220 or by sending an email to firstname.lastname@example.org.
Put me on standing order at a 5% discount off list price of all future updates, in addition to any other discounts I may quality for. (Returnable within 30 days.)
Notify me when updates are available (No standing order will be created).
This Bloomberg BNA report is available on standing order, which ensures you will all receive the latest edition. This report is updated annually and we will send you the latest edition once it has been published. By signing up for standing order you will never have to worry about the timeliness of the information you need. And, you may discontinue standing orders at any time by contacting us at 1.800.372.1033, option 5, or by sending us an email to email@example.com.
Put me on standing order
Notify me when new releases are available (no standing order will be created)