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[Download] "Fisher v. Harden" by United States Court of Appeals for the Tenth Circuit * Book PDF Kindle ePub Free

Fisher v. Harden

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eBook details

  • Title: Fisher v. Harden
  • Author : United States Court of Appeals for the Tenth Circuit
  • Release Date : January 25, 2005
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 73 KB

Description

The Plaintiff-Appellant, William E. "Buster" Fisher, filed a complaint on December 4, 2000, in which, pursuant to 42 U.S.C. § 1983, he charged the Defendants-Appellees, Sheriff Tom E. Harden, Deputy Stephen Alexander, Deputy Molly Alexander, and Deputy Mark Leary (collectively "the Defendants"), with having violated his right against an unreasonable seizure as guaranteed by the Fourth and Fourteenth Amendments to the United States Constitution. On May 9, 2002, the Defendants filed a joint motion for summary judgment. The district court subsequently issued an opinion and order on August 6, 2002, in which it granted the Defendants request for a summary judgment on the grounds that (1) they had a reasonable suspicion that Fisher was suicidal, and, as a consequence, their actions in affecting a seizure of Fisher were protected by the doctrine of qualified immunity, and (2) there was no genuine issue of material fact on Fishers claim that the County failed to adequately train and supervise the deputies. In this appeal, Fisher asserts that the officers who seized him did not have probable cause to justify a mental health seizure, and that Harden failed to adequately train and supervise his deputies. For the reasons set forth below, we REVERSE, in part, and AFFIRM, in part, the judgment of the district court.


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