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171058P.pdf 02/08/2018 Estate of Leon Walker, Jr. v. Hershell Wallace
U.S. Court of Appeals Case No: 17-1058
U.S. District Court for the Eastern District of Missouri - St. Louis
[PUBLISHED] [Arnold, Author, with Smith, Chief Judge, and Kelly, Circuit
Judge]
Civil case - Civil rights. In this appeal from an order denying
defendant's motion for summary judgment based on qualified immunity,
defendant challenges whether he violated clearly established law when he
inspected plaintiff's house after receiving a resident's signature on a
consent-to-search form; whether certain actions violate clearly
established law is an archetypal question that is reviewable on
interlocutory appeal, and the court has jurisdiction over this appeal; the
district court erred in denying defendant's motion because it is not clear
that a reasonable official in defendant's position would have known he was
violating the constitution when he searched plaintiff's house after
receiving signed consent to do so under these circumstances. Judge Kelly,
concurring.