[Download] "Williams v. Lu" by Eighth Circuit U.S. Court of Appeals ~ eBook PDF Kindle ePub Free
eBook details
- Title: Williams v. Lu
- Author : Eighth Circuit U.S. Court of Appeals
- Release Date : January 14, 2003
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 47 KB
Description
Submitted: April 18, 2003 Raphael Williams, a periodontist, and Jo Evelyn Williams, Dr. Williams's office manager and wife, brought this 42 U.S.C. § 1983 action claiming that, in the course of serving process in a state court action, the defendants violated their right to be free from unreasonable searches and seizures under the fourth amendment. One defendant moved to dismiss on the ground that the conduct described in the first amended complaint did not constitute a search or seizure under the fourth amendment. The district court1 granted the motion to dismiss as to all defendants, and this appeal ensued. We affirm. Dr. Williams leased office space from Jeffrey Plaza Partnership. According to the complaint, a representative of Jeffrey Plaza and a deputy sheriff came to Dr. Williams's office to serve him with process in a case involving his tenancy. Mrs. Williams advised them that Dr. Williams was in surgery and could not be disturbed. In response, the representative and the deputy sheriff made""loud and threatening noises, demanding that Dr. Williams come out, or they would call the police."" The deputy sheriff did indeed call the police; the police arrived and told Mrs. Williams that they would not leave and that Dr. Williams's refusal to make himself available for service constituted a crime.