Thursday, August 7, 2014

Tenth Circuit Leatherwood v. Welker 13-6152

Decision here.

   Leatherwood was on probation for rape, and his PO was notified (via a phone call from Leatherwood's ex-wife and an anonymous email to the district attorney) that he had violated the terms of his probation (by raping his new girlfriend, and by possessing guns).  His home was searched by DOC employees, and guns were found.

   Leatherwood sued the DOC employees who were involved in the search.  Qualified immunity was denied by the district court for some reason, and they appealed.  Given that Leatherwood was on probation, the DOC only needed to establish reasonable suspicion in order to search his home.  Leatherwood argued that the email was anonymous and therefore unreliable, and that his ex had motivation to lie about him.  Notwithstanding his arguments, the Tenth circuit held that the tips were sufficient to establish reasonable suspicion.  

   In light of that, the defendants didn't violate Leatherwood's rights.  Therefore, the denial of qualified immunity was reversed.

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