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Civil Procedure Keyed to Subrin
Leatherman v. Tarrant County Narcotics Intelligence and Coordination Unit
Facts
Both cases involve the execution of search warrants by law enforcement officials, which arose out of the forcible entry into Plaintiffs’ homes based on the detection of odors associated with narcotics. One of the plaintiffs alleged that he was assaulted by the police officers, and the other claimed that the police entered her home in her absence and killed her two dogs. Plaintiffs sued law enforcement officials asserting that the police conduct violated the Fourth Amendment of the United States Constitution. The United States District Court for the Northern Division of Texas dismissed the complaints because they failed to meet the heightened pleading standard. The United States Court of Appeals for the Fifth Circuit affirmed the judgment and the Supreme Court of the United States granted certiorari to resolve conflict between court of appeals concerning the heightened pleading standard.
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