Testo completo
NOT RECOMMENDED FOR FULL-TEXT PUBLICATION
File Name: 13a0190n.06
No. 12-3591
UNITED STATES COURT OF APPEALS
FOR THE SIXTH CIRCUIT
RANDY SHEPHERD;
CYNTHIA SHEPHERD,
Plaintiffs-Appellants,
v.
J. STEVE SHELDON, et al.,
Defendants,
ERIC BOSCO,
Defendant-Appellee.
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ON APPEAL FROM THE
UNITED STATES DISTRICT
C O U R T F O R T H E
NORTHERN DISTRICT OF
OHIO
O P I N I O N
BEFORE: NORRIS, MOORE, and DONALD, Circuit Judges.
PER CURIAM. Plaintiffs Randy and Cynthia Shepherd filed an eight-count complaint
against various government officials after their home was searched pursuant to a warrant that
they contend was defective. The only issue on appeal is whether the district court properly
granted summary judgment based upon qualified immunity to Captain Eric Bosco of the1
Richland County, Ohio Sheriff’s Department. Plaintiffs contend that Bosco, the officer who
swore out the affidavit used to obtain the search warrant for their home, knowingly provided
Defendant’s signed affidavit spells his surname as Bosko, which we assume to be correct.1
Nevertheless, we retain the spelling used in the filings with the district court.
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No. 12-3591
Shepherd v. Bosco
false information in violation of the Fourth Amendment’s protection against unreasonable
searches and seizures.
We have had the opportunity to review the record and have carefully considered the
arguments made by the parties in their briefs and at oral argument. We conclude that the district
court properly granted judgment to defendant and affirm based upon the reasoning set forth in its
Memorandum of Opinion and Order filed on April 12, 2012.
The judgment of the district court is affirmed.
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