Bowling v. Rector, No. 07-6284

In a 42 U.S.C. section 1983 action alleging an unlawful search, denial of summary judgment for defendant based on qualified immunity is affirmed in part where defendant's alleged conduct in exceeding the scope of the search warrant violated plaintiff's clearly established right under the Fourth Amendment.  However, the order is reversed in part where: 1) defendant's alleged violation of Oklahoma law was not, without more, significantly relevant to the Fourth Amendment analysis; and 2) a search warrant was constitutionally valid.

Read Bowling v. Rector, No. 07-6284

Appellate Information

Filed October 26, 2009

Judges

Opinion by Judge Ebel

Counsel

For Appellant:

Charles A. Brandt and Robert S. Lafferrandre, Pierce, Couch Hendrickson, Baysinger & Green, L.L.P., Oklahoma City, OK

For Appellee:

April M. Davis and Stephen Jones, Jones, Otjen & Davis, Enid, OK