Cuevas v. De Roco

Plaintiffs Armando Cuevas and Heather Burlette appeal the district court’s grant of summary judgment against them on their civil rights action brought pursuant to 42 U.S.C. § 1983. 1 Although Plaintiffs alleged a variety of constitutional violations in the district court, they press on appeal only their claim that a warrantless entry into their residence on February 25, 2004, was unlawful under the Fourth Amendment to the Constitution.

Viewing the facts in the light most favorable to Plaintiffs, as we must, we conclude that Deputy Sheriff Christopher Starr violated Plaintiffs’ Fourth Amendment…