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Split Tenth Affirms Summary Judgment for Defendants in Civil Rights Case

By Shari Allison

Hernandez v. Conde, 2008 WL 867968 (3/31/08) (unpub'd) - The Tenth affirms granting summary judgment in a civil rights case raising Franks issues. An undercover officer has Travis buy cocaine for the officer from a home across the railroad tracks from where the officer's car is parked. Travis walks to 336 Heizer to buy the cocaine and comes back with the cocaine. In his search warrant affidavit, the officer says: (1) Travis told him he was going to go to the white trailer, which was 340 Heizer; [the house next to 336 Heizer], and (2) the officer saw Travis "emerge from" 340 Heizer and return with the cocaine. The officers search 340 Heizer, find no drug evidence and, in the course of the search, handcuff the innocent occupants and shoot one of them...continue to full post

Full post as published by Tenth Circuit Blog on April 09, 2008 (boomark / email).