073110P.pdf   11/14/2008  Trinity Cross  v.  Joseph J. Mokwa, etc
   U.S. Court of Appeals Case No:  07-3110
   U.S. District Court for the Eastern District of Missouri - St. Louis   
   [PUBLISHED] [Chief Judge Loken, Author, with Bye and Colloton,
   Circuit Judges]
   Civil Rights - qualified immunity. Denial of qualified immunity to police
   chief and six officers for actions in enforcing a Building Code Violation
   Enforcement Plan enacted to confront anticipated protests at a counter-
   conference to World Agricultural Forum is affirmed in part and reversed
   in part. Denial of qualified immunity to officers for their forced entry
   into condemned property and search and seizure of property was error, as
   officers had authority to enter without a warrant and their entry was not
   constitutionally unreasonable. Denial of qualified immunity for First
   Amendment claim that Plan was enacted as a prior restraint on protester
   activities is reversed, as it is not clearly established that police officers
   could be liable on prior restraint theory for making arrests supported by
   probable cause and conducting reasonable search and seizure of a
   condemned building. Strip-search claim is remanded for consideration by
   district court in the first instance. Denial of qualified immunity is
   affirmed as to claims relating to events at 3022 Cherokee. Judge Bye
   dissents in part relating to the Fourth Amendment claim from search of
   3308 Illinois property and concurs in judgment relating to the selective
   prosecution claim.