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 The court's opinion filed on September 3, 1999, is withdrawn and an amended opinion is attached to this order.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. Maldonado with him on the brief), of Vaglica, Meinhold & Maldonado, LLC, Denver, Colorado, for Crossroads Managed Care Systems, Inc, Lou Girodo and James Montoya. Order 95-04 rescinded Order 95-03 and implemented a new policy. We disagreed based on the longstanding Fourth Amendment probable cause requirements and the officer's presumed familiarity therewith.Before SEYMOUR, Chief Judge, BRORBY, and HENRY, Circuit Judges. From the dismissals the plaintiffs now appeal, and we reverse the dismissals and remand for further consideration in accordance with this opinion. BACKGROUNDThe plaintiffs in this case are persons who were seized by the police, transported to a detoxification facility and detained in some cases for days. Lucero followed by stating that “the main reason for Detox closing was the number of referrals and drop in state funding.” Id. Reopening the Trinidad Detox and Implementation of a New Policy for Utilization On June 30, 1995, the Advisory Board realized its goal: The Crossroads detoxification facility for Trinidad reopened. The Order declared, “[e]ffective immediately, when an Officer has contact with any individual who exhibits any potential of intoxication resulting from the ingestion of alcohol, drugs, inhalants or any combination of those substances, the subject is to be evaluated by Detox center staff for consideration of detox treatment.” Id. The Order concluded: “The [Crossroads] Detox will remain available contingent on full utilization. She had drunk some wine and had a blood alcohol content of 0.045. In 1991, four years before the alleged conduct, the Ninth Circuit wrote: “Although there are few decisions that discuss the fourth amendment standard in the context of seizure of the mentally ill, all have recognized the proposition that such a seizure is analogous to a criminal arrest and must therefore be supported by probable cause.” Maag v.
One plaintiff was seized while in her night clothes. At the May 25 meeting, Chief Montoya again announced that “a priority is to return Detox services back to Trinidad․ Utilization [of the Pueblo Detox by Trinidad] is up as a result of new policies.” Id. If client referrals are not frequently made the facility will not remain available.” Id. The referrals to detox in June of 1995, the month which culminated with the issuance of General Order 95-03, numbered 32. Howard County, Maryland, 917 F.2d 1355, 1361 (4th Cir.1990); Mc Kinney v.Information Technology Director salaries at Sayre Fire Department can range from ,706-,080.