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HERNANDEZ v. CONDE

No. 05-1103-JTM.

442 F.Supp.2d 1131 (2006)

Pedro HERNANDEZ III; Carmen Hernandez; Enrique Hernandez; Yesenia Ramirez; and Selena Hernandez, a Minor Child, by and through her Parents and Next Friends, Enrique Hernandez and Yesenia Ramirez, Plaintiffs, v. Robert CONDE; Dean Akings; Rod Weber; Brian Dougherty; R. Scott Harper; and Chris Smee, Defendants.

United States District Court, D. Kansas.

July 24, 2006.

Attorney(s) appearing for the Case

Michael S. Holland, Michael S. Holland, II, Holland & Holland, Russell, KS, for Plaintiffs.

Brian D. Sheern, Kansas Attorney General, William Scott Hesse, Harry Kennedy, Office of Attorney General, J. Steven Pigg, Teresa L. Sittenauer, Fisher, Patterson, Sayler & Smith, Topeka, KS, for Defendants.

MEMORANDUM AND ORDER

MARTEN, Judge.

This matter comes before the court on the defendant Robert Conde's Motion for Summary Judgment (Dkt. No. 74). Defendant brings an individual motion seeking qualified immunity, arguing that his actions were objectively reasonable. Plaintiffs object to this assertion. After reviewing the parties' arguments, the court finds in favor of defendant.

I. STANDARD OF REVIEW

Summary judgment is...

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