Hyburnia Husband v. Charles Bryan and Larry Saurage

REAVLEY, Circuit Judge:

Hyburnia Husband sued Sheriff Charles Bryan and his deputy, Larry Saurage, under 42 U.S.C. § 1983 for digging up her pasture in contravention of her Fourth Amendment rights. We affirm the district court’s order denying Bryan and Saurage summary judgment on their claims of qualified immunity.

I. BACKGROUND

Saurage secured a warrant from a Texas judge authorizing him to search an old gravel-filled well on Husband’s pasture land, where he suspected Husband’s son to have buried the body of a murder victim. To obtain the warrant, Saurage swore to the judge that Robert Birdwell…