130 F.3d 812 (8th Cir. 1997), 96-1879, Rowe v. Lamb

Docket Nº:96-1879.
Citation:130 F.3d 812
Party Name:Anthony J. ROWE, Appellee, v. Brian LAMB, Jail Supervisor; Brian Ellinger, Jailer, Appellants, Mike Carlson, in their individual and official capacities: Chuck Carson, Lt.; Chris Chernock, Sgt.; County of Dakota, Nebraska, Defendants.
Case Date:November 28, 1997
Court:United States Courts of Appeals, Court of Appeals for the Eighth Circuit
 
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Page 812

130 F.3d 812 (8th Cir. 1997)

Anthony J. ROWE, Appellee,

v.

Brian LAMB, Jail Supervisor; Brian Ellinger, Jailer, Appellants,

Mike Carlson, in their individual and official capacities:

Chuck Carson, Lt.; Chris Chernock, Sgt.; County

of Dakota, Nebraska, Defendants.

No. 96-1879.

United States Court of Appeals, Eighth Circuit

November 28, 1997

Submitted Sept. 11, 1997.

Rehearing Denied Jan. 15, 1998.

Page 813

Kimberly K. Sturzenegger, Lincoln, NE, argued (Richard L. Boucher, on the brief), for Appellant.

Debra Rectenbaugh Pettit, Des Moines, IA, argued (Beverly Evans Grenier, on the brief), for Appellee.

Before BOWMAN, WOLLMAN, and BEAM, Circuit Judges.

BEAM, Circuit Judge.

Brian Lamb and Brian Ellinger appeal the district court's denial of their motions for summary judgment based on qualified immunity in this 42 U.S.C. § 1983 action brought by a probationer. We reverse.

I. BACKGROUND

Anthony Rowe entered a plea of guilty to various offenses. 1 He was placed on probation. One condition of his probation was that he "submit to a search of his person or property at any time, by any Probation Officer or law enforcement officer, with or without probable cause, for controlled substances or contraband." 2 Appendix at 99. While on probation, he was arrested in South Sioux City, Nebraska, for violating his parole for an Iowa burglary conviction.

Dakota County Jail Supervisor Brian Lamb and Dakota County Corrections Officer Brian Ellinger searched Rowe incident to his admission to the jail and found a small quantity of drugs and the keys to Rowe's apartment. Jail regulations required that personal possessions be inventoried and stored and that only individuals with legal authority be allowed access to the property. Rowe's probation officer, Mike Carlson, who had been present at the search, asked for Rowe's consent to search the apartment, but Rowe refused. After showing the jailers a copy of Rowe's probation order, Carlson requested the keys from Ellinger, who gave them to him. Ellinger's supervisor, Lamb, was also present and had no objection. Carlson later searched the apartment.

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Rowe filed this action in district court alleging, among other things, that Lamb and Ellinger violated his Fourth Amendment right to be free from unreasonable searches and seizures by providing the keys to Carlson to...

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