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Parkey v. Sample, 09-3966

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By FindLaw Staff on October 27, 2010 2:50 PM

Section 1983 suit against a state trooper for alleged Fourth Amendment violation

Parkey v. Sample, 09-3966, concerned a challenge to the district court's grant of a state trooper's motion for summary, in plaintiff's 42 U.S.C. section 1983 suit against the state trooper, claiming that the trooper violated plaintiff's rights under the Fourth Amendment by searching his home and seizing his property without probable cause.

 

In affirming, the court held that in order to avoid summary judgment, plaintiff must submit evidence indicating that the trooper "knowingly or intentionally or with a reckless disregard for the truth" made misstatements to the magistrate and show the statements were necessary to the magistrate's probable cause determination, and here, plaintiff meets neither requirement.

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