Legal Opinion

Christopher Kiesling v. Ross Spurlock

Court of Appeals for the Eighth Circuit

Decided June 9, 2017No. 16-2197PublishedCited by 21 opinions

1Opinion of the Court

GRUENDER, Circuit Judge.

Corporal Ross Spurlock of the Arkansas Game and Fish Commission (“AGFC”) appeals the denial of his motion to dismiss various claims related to the search of a residence. Although Spurlock conducted the challenged search pursuant to a warrant, the district court determined that he was not entitled to qualified immunity because a reasonable officer would have known that the warrant should not have issued based on the information Spurlock provided to the issuing court. We reverse because it was not entirely unreasonable for Spurlock to believe that his affidavit…

2Cases cited15 opinions

  1. Pearson v. CallahanSupreme Court of the United States · 2009
  2. Anderson v. CreightonSupreme Court of the United States · 1987
  3. Wong Sun v. United StatesSupreme Court of the United States · 1963
  4. United States v. LeonSupreme Court of the United States · 1984
  5. Malley v. BriggsSupreme Court of the United States · 1986

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3Cited by21 opinions

  1. Lane v. NadingCourt of Appeals for the Eighth Circuit · 2019
  2. Dwayne Furlow v. Jon BelmarCourt of Appeals for the Eighth Circuit · 2022
  3. Brad Wendt v. State of IowaCourt of Appeals for the Eighth Circuit · 2020
  4. Abdo v. LarsonDistrict Court, D. South Dakota · 2020
  5. AnnDell R. Lawrence, Jr. v. LaResha Reed, et al.District Court, E.D. Missouri · 2026

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