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Price-Cornelison v. Brooks

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Before LUCERO, EBEL and O’BRIEN, Circuit Judges.

Defendant-Appellant Steve Brooks, the Undersheriff of Garvin County, Oklahoma, appeals the district court’s decision denying him qualified immunity on Plaintiff-Appellee Dana L. Price-Cornelison’s two constitutional claims that Brooks failed to enforce Price-Cornelison’s protective orders because she is a lesbian victim of domestic violence. Price-Cornelison specifically alleged that, in refusing to enforce her protective orders, Brooks 1) denied her equal protection of the law; and 2) helped a private citizen unlawfully seize Price-Cornelison’s property, contrary to the Fourth Amendment. We conclude that Brooks is entitled to qualified immunity on the equal protection claim, to the extent that that claim is based upon Brooks’ refusal to enforce Price-Cornelison’s emergency protective order on October 16, 2003, and therefore we reverse the district court on that portion of Price-Cornelison’s equal protection claim. But we agree with the district court that Brooks is not entitled to qualified immunity on the equal protection claim, to the extent that claim is based upon Brooks’ refusal to enforce Price-Cornelison’s permanent protective order, on November 3, 2003. Nor is Brooks entitled to qualified immunity on the Fourth Amendment claim. Consequently we affirm these portions of the district court’s ruling.

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