Medicare&medicaid Gu 37,414 Pueblo Neighborhood Health Centers, Inc., and Oliver P. Pacheco v. Joseph E. Losavio, Jr.

TACHA, Circuit Judge.

This is an appeal from the district court’s denial of the defendants’ motions for summary judgment. The defendants sought summary judgment on qualified immunity grounds. Because the district court improperly applied the standards for determining the availability of qualified immunity, we reverse.

I

The two lawsuits before the court arise from the seizure, inspection, copying, and retention of medical records from two facilities operated by Pueblo Neighborhood Health Centers, Inc. (PNHC) in Pueblo, Colorado. The plaintiffs in the first of these cases, Pueblo Neighborhood…