August 24, 2019

Archives for August 14, 2010

Tenth Circuit: Opinions, 8/13/10

The Tenth Circuit on Friday issued one published opinion and three unpublished opinions.


In Stearns v. Clarkson, the Court affirmed in part and reversed in part the district court’s decision denying Petitioners’ motions for summary judgment. Respondent brought suit against police officers for improper search and seizure, in violation of his Fourth Amendment rights. The Court determined that for a strip search to be reasonable, the detainee must be within a general prison population or officers must have reasonable suspicion that detainee is concealing contraband or weapons. In this case, the district court properly denied one officer’s claim of qualified immunity as no such reasonable suspicion existed; however, other officers should have been granted qualified immunity as they reasonably relied on the arresting officer’s claim of probable cause for detainee’s arrest and search.


Jackson v. Workman

United States v. Hawkins

Thelen v. State of Oklahoma