Leatherwood v. Welker, et al, No. 13-6152 (10th Cir. 2014)
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Defendants-Appellants appealed a district court order denying their motion for summary judgment based on qualified immunity. Plaintiff-Appellee Michael Leatherwood brought suit seeking declaratory and monetary relief under 42 U.S.C. 1983 for violation of his constitutional rights stemming from the search of his house while he was a probationer in Oklahoma. Defendants were Oklahoma Department of Corrections Probation and Parole Division employees who participated in or authorized the search. The district court denied their motion for summary judgment based on qualified immunity, finding that "questions of material fact remain[ed] regarding the existence of reasonable suspicion" for the search. The Tenth Circuit reversed the district court, finding: (1) as a probationer, plaintiff had a diminished expectation of privacy; (2) the search of his house was reasonable if supported by reasonable suspicion; (3) probation searches could be premised on less reliable information than required in other contexts; (4) an anonymous, uncorroborated tip and a phone call from plaintiff's ex-wife were enough to create reasonable suspicion (defendant Welker had previously talked to plaintiff's ex and was presumably able to assess the wife's credibility and rely on her information); thus (5) the search of plaintiff's home did not violate his Constitutional rights.
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