Rieck v. Jensen, No. 10-4110 (10th Cir. 2011)
Annotate this CaseUtah County Deputy Sheriff Scott Jensen appealed a district court's ruling that he was not entitled to qualified immunity on claims brought against him by Appellee William Rieck that alleged illegal entry, illegal detention and use of excessive force. The claims arose out of an incident on Mr. Rieck's 17-acre property in an unincorporated part of Utah County. The district court ruled that the deputy was not entitled to immunity because he entered a closed gate on Mr. Rieck's property without a warrant. On appeal, Mr. Rieck did not argue any alternative grounds for denying Deputy Jensen qualified immunity. Upon review, the Tenth Circuit reversed the district court's holding, and remanded the case for entry of summary judgment on those claims. The Court found that the area of Mr. Rieck's property that the deputy entered was not within the curtilage of Mr. Rieck's home, therefore, the deputy could enter the property without a violation of Mr. Rieck's constitutional rights.
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