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Harte v. Bd. of Commissioners of Cty. of Johnson, Kansas, 940 F.3d 498 (10th Cir. Oct. 4, 2019)

Oct 4, 2019

This section 1983 case arose out of an early-morning SWAT-style raid of a suburban home based on finding loose-leaf tea in their garbage.  The district court granted qualified immunity to some of the defendants.  In the first appeal, the panel split—two of the three judges shared a common rationale, yet reached different outcomes, and a different combination of judges reached a common outcome using different rationales.  After remand, the parties disagreed on which claims remained under the prior panel’s decision.  In the second appeal, the Tenth Circuit held, when applying a fractured panel’s holding, the district court need only look to and adopt the result the panel reached—not the common rationale.