GROWNEY

v.

MEYERS ET AL.

Citator

Cited By

• United States v. Kelley, 953 F.2d 562 (9th Cir. 1992)
  …ecause his housemate lacked the authority to consent to a search of his room and closet. A. Voluntariness The voluntariness of a consent to search is reviewed for clear error. United States v. Iglesias, 881 F. 2d 1519 (9th Cir.1989), cert. denied, 493 U.S. 1088, 110 S.Ct. 1154, 107 L.Ed.2d 1057 (1990). The court determines the voluntariness by considering the totality of the surrounding circumstances. Schneckloth v. Bustamonte, 412 U.S. 218, 93 S.Ct. 2041, 36 L.Ed.2d 854 (1973). Kelley argues that Ms. Bak…
• Gentry Slone v. Herman, 983 F.2d 107 (8th Cir. 1993)
  …he facts must be taken in the light most favorable to Slone. Generally, prison officials may rely on the defense of qualified immunity to protect them from liability for civil damages. Brown v. Frey, 889 F. 2d 159, 165 (8th Cir.1989), cert. denied, 493 U.S. 1088, 110 S.Ct. 1156, 107 L.Ed.2d 1059 (1990). In Harlow v. Fitzgerald, 457 U.S. 800, 818, 102 S.Ct. 2727, 2738, 73 L.Ed.2d 396 (1982), the Supreme Court held that, in order for officials to lose their qualified immunity, their conduct must violate “cl…
• Diercks v. Durham, 959 F.2d 710 (8th Cir. 1992)
  …red; (2) she knew or should have known of the clearly established right when the conduct occurred; and (3) she knew or should have known that her conduct violated the plaintiff’s right. Brown v. Frey, 889 F. 2d 159, 165 (8th Cir.1989), cert. denied, 493 U.S. 1088, 110 S.Ct. 1156, 107 L.Ed.2d 1059 (1990). See generally Harlow v. Fitzgerald, 457 U.S. 800, 818-19, 102 S.Ct. 2727, 2738-39, 73 L.Ed.2d 396 (1982). At the time of this instance in July 1988, the law was clearly established that a charging officer sh…