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Lykken v. Brady, No. 09-15506

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By FindLaw Staff on September 23, 2010 3:01 PM

In Lykken v. Brady, No. 09-15506, an action asserting civil rights violations arising from a search of plaintiffs' farm, the court affirmed summary judgment for defendants where 1) the arrival of the officers and initial detention of plaintiffs caused plaintiffs' cattle to bolt, but it was obvious that the officers' arrival at the scene was necessary in order to execute the search warrant; and 2) the fact that probable cause existed for the search could lead a reasonable officer to suspect the occupants of the house might attempt to conceal the objects of the search if the plaintiffs were allowed unfettered access to the house.

As the court wrote:  "Eight Arizona hospitals that all receive federal reimbursement for treating Medicare patients appeal the district court's grant of summary judgment in favor of the Secretary of Health and Human Services. The hospitals argue that the adjustment they receive for serving disproportionately high numbers of low-income patients should be increased because the reimbursement does not account for all low-income patients included under the Arizona Health Care Cost Containment System. We have jurisdiction under 28 U.S.C. § 1291 and we affirm."

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