(Download) "United States v. Silva" by United States Court of Appeals Tenth Circuit # Book PDF Kindle ePub Free
eBook details
- Title: United States v. Silva
- Author : United States Court of Appeals Tenth Circuit
- Release Date : January 14, 2005
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 53 KB
Description
As part of an action in state court, Iomed, Inc. sought and obtained an ex parte order directing local police, with the assistance of Iomed, to execute a search of Jamal Yanakis residence. After the search was executed and various items seized, Yanaki and Susan Moss filed a civil rights suit under 42 U.S.C. § 1983 against Iomed, several Iomed employees, lawyers for Iomed, and various other private actors. Plaintiffs complaint alleges deprivations of their rights to be free from unreasonable searches and seizures, infringement of their procedural and substantive due process rights, and several state law claims. The district court granted Defendants motion to dismiss under Fed. R. Civ. P. 12(b)(6) and Plaintiffs now appeal. This court exercises jurisdiction pursuant to 28 U.S.C. § 1291. Because we conclude that Plaintiffs have failed to allege a deprivation of rights committed under color of state law, we affirm the district courts dismissal for failure to state a claim.
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