Chiropractic Board President Entitled to Qualified Immunity in Connection with Alleged Illegal Administrative Search; District Court Reversed

Lewis v. Tripp, ___ F.3d ___ , 2010 WL 1949030(10th Cir. 2010).

This decision may be of more interest to civil rights practitioners. The Court of Appeals reverses denial of qualified immunity to respondent chiropractic board president on claim that he was involved in the allegedly illegal administrative search of petitioner’s office. It finds that the record is devoid of sufficient facts upon which a jury could decide that the respondent was involved in any of the illegal activities–no evidence that he directed his assistant to prepare and serve the administrative warrant. At most, there is evidence that respondent wished to investigate alleged problems with petitioner, but it cannot be assumed that respondent meant to or did set about doing so in an illegal manner.

Judge Briscoe dissented, saying the Court should not engage in the fact finding it did–the district court adequately found that the jury could decide that respondent directed the actions of others in executing the warrant. Even if the Court could review the facts, she disagreed with the majority’s interpretation of them.