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Wednesday, October 27, 2010

Ind. Decisions - One Indana decision today from 7th Circuit

In Parkey v. Sample (ND Ind, Judge Lee), a 6-page opinion, Judge Kanne writes:
James Parkey sued Indiana State Trooper Jason Sample under 42 U.S.C. § 1983, claiming Sample had violated Parkey’s rights under the Fourth Amendment by searching Parkey’s home and seizing Parkey’s property without probable cause. The district court granted Sample’s motion for summary judgment, finding Parkey had not brought forth any evidence to demonstrate a lack of probable cause. We affirm. * * *

Because the record shows no issue of material fact regarding the existence of probable cause, we do not consider whether Sample would be entitled to qualified immunity.

Posted by Marcia Oddi on October 27, 2010 04:36 PM
Posted to Ind. (7th Cir.) Decisions