Hervey

Hervey v. Estes

Bad Law
65 F.3d 784·95 Daily Journal DAR 12293·1995 WL 535026·1995 U.S. App. LEXIS 25696·95 Cal. Daily Op. Serv. 7196
United States Court of Appeals for the Ninth CircuitSeptember 12, 1995No. 94-35445California4,703 words

Opinion

Lead Opinion

Beezer, J.

Law enforcement officers conducted a military-style raid to search for a methamphetamine laboratory on rural property in Pierce County, Washington. We decide whether a warrant affidavit procured in part through false statements contained sufficient untainted information to support the existence of probable cause. We also address whether plaintiffs may maintain a suit against an intergovernmental task force for its alleged use of excessive force in carrying out the raid, and against an individual officer for her alleged use of excessive force during the raid.

The district court granted summary judgment in favor of defendants on all claims. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We reverse in part, affirm in part, and remand for further proceedings.

I

In May of 1990, Washington State Patrol Detective Coral Estes began an investigation into a suspected methamphetamine laboratory on the Hervey property in Pierce County. Estes was working in conjunction with the Tahoma Narcotics Enforcement Team (“TNET”), an intergovernmental task force made up of various local, county and state agencies with authority to investigate suspected drug operations. After completing various…

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