All the plaintiffs allege the seizures violated their Fourth Amendment rights not to be seized without probable cause to believe they were a danger to themselves or others. Lucero concluded, “we all need to come together and find solutions to the money problems.” Id. Pirch, 677 F.2d 681, 686 (8th Cir.1982); In re Barnard, 455 F.2d 1370, 1373 (D. However, as noted above, the context of protecting the public from the mentally ill is directly analogous to that of protecting the public from the intoxicated.
Initially the settlement was called Slabtown but when the residents petitioned for a post office the name Leadville was chosen.Djdjd Leadville was founded in 1877 by mine owners Horace Tabor and August Meyer at the start of the Colorado Silver Boom.The town was built on desolate flat land below the tree line. Horowitz with him on the briefs), of Krendl Horowitz & Krendl, Denver, Colorado, for Plaintiffs-Appellants. OPINIONPlaintiffs brought the instant suit under 42 U. The United States District Court for the District of Colorado dismissed all claims against all defendants on motions for summary judgment. That same day the Trinidad Police Department issued General Order 95-03. Plaintiffs allege the Mayor discussed the policy with the City Attorney and raised the issue at one or more City Council meetings. Order 95-04 also mandated that the identity of all taken to detox must be submitted to the Chief of Police. We review the grant of summary judgment de novo, applying the same legal standard used by the district court pursuant to Fed. However, six circuits had addressed this question, and, without exception, every one held that probable cause was required. Craig Hess with him on the brief), of Halaby Cross Leichty & Schluter, Denver, Colorado, for City of Trinidad, Harry Sayre, Las Animas County, Colorado, Las Animas County, Board of County Commissioners, Eugene Lujan, Stanley Biber and Phil Valdez, Defendants-Appellees. ORDER ON PETITION FOR REHEARINGThis matter is before the court on appellants' petition for rehearing filed on September 20, 1999. The court's opinion filed on September 3, 1999, is withdrawn and an amended opinion is attached to this order. § 1983, for violation of rights under the Fourth and Fourteenth Amendments of the United States Constitution, and under the Colorado Constitution and Colorado common law. On November 6, 1995, the Trinidad Police Department issued General Order 95-04. The new policy deleted the language that any potentially intoxicated individual must be evaluated by detox and added language that the seizures must be made only where there is “probable cause that [the] person is intoxicated and incapacitated by alcohol and is clearly a danger to the health and safety of him/herself and others.” See id. SUMMARY JUDGMENTThe district court dismissed all claims on defendants' various motions for summary judgment. Looking to the reasonableness of an officer's belief that such a search was legal, in light of those “longstanding principles,” we ruled the officer did not enjoy qualified immunity notwithstanding the absence of direct case law. In 1995, no Tenth Circuit case or Supreme Court decision had directly addressed the issue of whether an officer must have probable cause to seize a person under a civil provision premised on protecting the seized person and others.