Full opinion text
MEMORANDUM AND ORDER MURGUIA, District Judge. Plaintiffs Daniel Smith, Josh Traxson, Aaron Spencer, Jestin McReynolds, Bryan Vail (the “five student plaintiffs”), Deborah Smith, Kendra Smith, Billy McReynolds, Alverda McReynolds, William “Billy” Spencer, Dennis Spencer, Mallory Sanders (the “remaining plaintiffs”), and Gayle Vail brought suit under 42 U.S.C. § 1983 alleging multiple constitutional violations and asserting numerous state law claims. Defendants to the action include the City of Altamont, Kansas, former Altamont Police Chief James Barber (the “city defendants”), Labette County, former Labette County Attorney Robert Forer, Sheriff William Blundell, Detective Scott Higgins, Undersheriff C.W. Davis (the “county defendants”), Unified School District (“U.S.D.”) 506, Principal Greg Cartwright, and Superintendent Dennis Wilson (the “school district defendants”). This matter comes before the court on the city defendants’ and the school district defendants’ Motion for Summary Judgment (Doc. 171) and the County Defendants’ Motion for Summary Judgment (Doc. 173). I. Facts A. The Alleged Plot On Friday, December 17, 1999, Labette County High School (“LCHS”) officials learned of an alleged plot to stage an armed assault on the school by Smith, Traxson, Spencer, McReynolds, Vail, and non-parties Dwayne Heiskell and Noah Van Burén. The plan had been allegedly formulated the previous evening, December 16, 1999, at the Smith’s residence by the five student plaintiffs and Heiskell, and the alleged attack was to take place on Monday, December 20, 1999. The evidence is uncontroverted that Smith, Trax-on, Spencer, McReynolds, and Heiskell were all present Thursday evening, December 16, when at least certain of them discussed an armed attack on LCHS, but plaintiffs contend that the conversation was a joke and the boys never in fact intended to follow through on their idea. The next day, December 17, 1999, Heis-kell and McReynolds discussed, in the presence of Van Burén, the alleged plan to attack LCHS. The parties contest the details of the conversation with Van Burén, although the record confirms the general topic. Also, at some point during that day, Van Burén was allegedly recruited to participate in the attack by sitting on a building outside LCHS and shooting people as they came out of the building. B. Stacy Smith Over the lunch hour, Heiskell and Van Burén approached teacher Stacy Smith to tell her about the alleged assault plan. Heiskell informed Stacy Smith about the conversation of the night before at plaintiff Smith’s house and warned her not to come to school on Monday. Upon questioning by Stacy Smith, Heiskell described the discussion about attacking the school, including directly targeting several teachers. In particular, Heiskell warned Stacy Smith that McReynolds remained upset with her because she had informed McReynold’s mother about his drinking. Van Burén also warned Stacy Smith to not come to LCHS on Monday, and he told her that McReynolds had asked him to sit on the roof of the adjacent building to shoot people as they came out of LCHS. Van Burén then became very emotional and began to cry. Stacy Smith immediately thereafter reported the conversation to principal Cartwright. C. Principal Cartwright Cartwright interviewed Heiskell in the presence of Stacy Smith and Van Burén. Heiskell told Cartwright that he and the five student plaintiffs had been drinking and doing drugs the night before, and they started talking about assaulting the school. According to Heiskell, they had a plan for the attack, knew who they were going to shoot, and determined where they were going to get the guns. Heiskell informed Cartwright that the boys had drawn a map of the school and then burned it. The plan, Heiskell told Cartwright, was for them to gather at the Spencer’s home that Monday and then begin their attack at the end of the school where the art room was located. McReynolds, Heiskell reported, could get police uniforms for them to wear, and they were to paint their faces and wear ski masks. According to Heiskell, someone planned to drive a vehicle through the school while the others shot anyone who got in their way. Heiskell also reported that they had discussed a list of specific individuals they would shoot, including Cartwright. Heiskell also told Cartwright that he did not believe the five student plaintiffs were serious until Van Burén was approached about sitting on top of a building and shooting people as they came out. Following the conversation, Cartwright called the Safe School Hotline to report the alleged threat. D. Law Enforcement Response LCHS Assistant Principal Ken Swender called undersheriff Davis at the sheriffs office in Oswego, Kansas, to report the alleged plot to attack the school. Sheriff Blundell, detective Higgins, and Davis then left the sheriffs office and drove to LCHS in Altamont to investigate the allegation. After arriving at LCHS, Blundell observed police chief Barber and informed him that the sheriffs office would handle the investigation. Cartwright advised Blundell, Higgins, and Davis of the plan, as related by Heiskell, to assault LCHS and target several administrators, teachers, and at least one student. Cartwright then called superintendent Wilson to inform him of the events unfolding at LCHS. After Wilson arrived at LCHS, Blundell and Higgins interviewed Heiskell in the presence of his parents and Wilson. Heis-kell informed them that he and the five student plaintiffs were at the Smith’s residence the night before, doing crank and other drugs and planning the attack on LCHS. Heiskell relayed detailed aspects of the plan, including: (1) the boys planned to wear black clothing or law enforcement uniforms; (2) they had drawn a map of the school for the attack and then burned it in an ash tray; (3) Van Burén was to sit atop a building to the east of the school and shoot people as they emerged; (4) someone would drive McReynold’s demolition derby car into the school; and (5) the assault was planned for Monday. Throughout the interview with Heiskell, he was crying and visibly upset. Following the interview, Blundell and Higgins drove to Parsons, Kansas, to meet with county attorney Forer in his office. E. Investigation and Application for Search Warrants Blundell advised Forer of the details of the interview with Heiskell. They also discussed the need to interview Van Bu-rén, and Blundell contacted the Kansas Bureau of Investigation (“KBI”) to request assistance in the investigation. Blundell and Higgins then returned to the sheriffs office in Oswego. Higgins began preparing an affidavit in support of an application for search warrants. A sheriffs deputy called Cartwright to come to the sheriffs office and provide them with the details of Cartwright’s interview of Heiskell, along with information about where the boys lived, and what activities they might be attending over the weekend. Cartwright also informed Higgins of a report he had received from teacher’s aide Kelly Bedore. According to Bedore, Van Burén warned Bedore not to come to school on Monday. Higgins did not tell Cartwright that he was preparing an affidavit in support of search warrants. Cartwright and Higgins did not discuss Heiskell’s credibility while the two were at the sheriffs office. Cartwright already had informed Higgins that Heiskell had lived in Cartwright’s home for a period of time until Cartwright told him to move out. Higgins also was aware that Heiskell had three prior juvenile convictions for felony theft, residential burglary, and misdemeanor criminal damage. Higgins was not aware at the time he was preparing the affidavit that Heiskell was diagnosed with attention deficit disorder (“ADD”) or that he took medication to remedy the symptoms. Later that evening of Friday, December 17, Higgins called Heiskell to conduct a second interview by telephone. Higgins asked Heiskell to describe the police uniform, which was to be worn during the attack, that he had observed the previous evening while in Smith’s bedroom. Heis-kell told Higgins that the shirt was light blue and the pants were a dark blue or black, which is consistent with the colors of the uniforms of the Labette County Sheriffs Department. Heiskell described the badge as a rusty bronze color and oval shape with wings protruding from the top, which is not the shape or color of the badge worn by the sheriffs department deputies. At approximately 10:30 p.m., KBI Senior Special Agent Robert Beckham interviewed Van Burén in Independence, Kansas. Beckham reported to Higgins that Van Burén had told him the following: a. that Jestin McReynolds had approached him just prior to 4th period (approx. 11:00 am) at the high school [LCHS]; b. that McReynolds said that [he] and a couple [of] guys had a plan and if Van Burén was not in on the plan he should not come to school on Monday; c. that during auto mechanics class, Jestin McReynolds approached Dwayne Heiskell and asked whether Dwayne Heiskell was in on the plan; and d. that he and Dwayne Heiskell went to LBHS [ (LCHS) ] Principal Greg Cartwright and told him what was going on and that Van Burén then found Ms. Smith, a teacher, and told her what Jestin McReynolds had told him. Based upon that information, Higgins completed an application for search warrants. In support of the application, Higgins signed an affidavit that stated the following: 1. That I am a detective for the La-bette County Sheriffs Department. 2. That on December 17, 1999 at approximately 2:15 p.m. myself, La-bette County Sheriff William Blun-dell, and Undersheriff Clifford Davis responded to Labette County High School to meet with school officials regarding a report of possible criminal activity. Upon arriving, we met with school principal Greg Cartwright, U.S.D. 506 Superintendent Dr. Dennis Wilson, and Altamont Chief of Police Jim Barber. Those officials briefly advised us that a student at the school, Dwayne Heiskell had learned of an ongoing conspiracy involving five other students to shoot and kill several teachers and one student. 3. Sheriff Blundell and I, upon receiving the above information, then interviewed Dwayne Heiskell. Present in the room during the interview were myself, Sheriff Blundell, Dwayne Heiskell, and Dwayne’s father, Doug Heiskell. During the interview both Dwayne Heiskell and his father Doug Heiskell were visibly emotionally upset. Dwayne Heis-kell sobbed during most of the interview, and his father Doug Heiskell was visibly crying near the conclusion of the interview. During the interview, Dwayne advised us as follows immediately below. 4. On Thursday evening, December 16,1999, Dwayne went to the residence of Daniel Smith, which is located at 1116 13,000 Road, Altamont, Labette County Kansas. Upon arrival, he went to Daniel Smith’s bedroom where a small party was going on. Present in Daniel Smith’s room were the following individuals: Jes-tin McReynolds, Josh Traxson, Bryan Vail, Aaron Spencer, and Daniel Smith. All five individuals attend Labette County High School. According to Labette County High School Principal Greg Cartwright, the five individuals named above are known to associate with one another. During the party, the five individuals were drinking alcoholic beverages, and consuming unknown substances which Mr. Heiskell believed to be methamphetamine and crack cocaine. 5.During the party, the five individuals discussed a plan to shoot and kill several Labette County High School teachers and one student. The targeted administrator, teachers, and student were: Principal Greg Cartwright, teachers Linda Henry, Stacy Smith, Judy Purcell, Myrna Seyfert, Dale Skolaut[,] Gary Semonick, and student T. J. Lamb. Dwayne Heiskell advised us that during the course of the party, he was solicited by the five to participate in their planned assault. Heiskell declined the invitation. Heiskell also advised us that ... [during] the party, he observed what he believed to be a 9 millimeter handgun, an SKS assault rifle, and a sawed off shotgun all belonging to Jestin McReynolds, as well as several .22 caliber rifles and handguns belonging to Daniel Smith. Heiskell also advised observing one police type uniform which he believed Jes-tin McReynolds had brought to Daniel Smith’s bedroom. Jestin McRey-nolds is the son of Labette County Sheriffs Office Reserve Deputy Billy McReynolds. Reserve Deputy Billy McReynolds has been a reserve deputy for over ten years. Reserve deputies are routinely issued several uniforms which they are allowed to keep in their personal possession. Jestin McReynolds resides with his mother and father, Reserve Deputy Billy McReynolds, at 401 South Gartner, Altamont, Kansas. Heiskell also observed a black ski mask, black shirt, a pair of black pants, and a map drawn of the school with written notations describing the planned assault. Dwayne Heiskell further advised us that the five advised him that one of the conspirators would wear the police type uniform, one conspirator was to wear the all black clothing and ski mask, and the remaining conspirators were to wear face paint and bandanas around their faces. During this portion of the discussion the five also stated that they intended to enter Labette County High School, where they planned to shoot and kill the previously mentioned school administrator, teachers, and student, and anyone else who happened to be in the hallways at the time. Dwayne Heiskell was told by the conspirators that the original plan was to implement their assault on Friday morning, December 17,-1999. Dwayne Heiskell was further advised by the conspirators that the assault plan was postponed until this coming Monday morning, December 20,1999. Dwayne Heiskell advises, that no explanation was given by the five as to why their plans had been postponed. 6.On the evening of December 17[,] 1999 I conducted a follow-up interview with Dwayne Heiskell by telephone. During the interview I asked him to describe the police uniform he had observed the previous evening while in Daniel Smith’s bedroom. Heiskell told me that the shirt was light blue in color and the trousers were a darker blue or possibly black. When asked if he recalls seeing a badge, Heiskell said that he was unsure, but that he thought the badge may have been “rusty bronze colored” and oval shaped possibly with wings protruding from the top. Reserve Deputies for the Labette County Sheriffs Department are issued the same uniform worn by full time deputies, which consists of a light blue shirt and darker Frenchblue trousers, which is consistent with the description of the uniform observed by Heiskell. The badge issued to deputies is silver and star shaped; which is inconsistent with Heiskell’s recollection. 7. During their discussion of the conspiracy in Heiskell’s presence, the five referred to the above mentioned hand-drawn map containing written notations, which the five destroyed by fire after that portion of their conversation had concluded. Specifically, Heiskell advised us that the map was destroyed by placing it in an ashtray located in Daniel Smith’s bedroom and setting it on fire with a lighter. 8. During my discussions of the matter with Principal Cartwright, I was advised by him that Assistant Principal Ken Swender had been told by Swender’s daughter, Kelly Bedore, who is a teacher at Labette County High School, that on the morning of December 17,1999, Bedore had a conversation with Heiskell and student Noah Vanburen as to what Vanburen wanted for Christmas. Vanburen told Bedore that he thought his mother was going to get him a shotgun. Vanburen also told Bedore that she should not come to school on Monday morning, December 20,1999[,] because Vanburen liked her too much. During my interview of Heiskell, he told me that this morning, December 17, 1999, while attending school, he was privy to a conversation between conspirator Jestin McReynolds and Noah Vanburen, during which conversation Vanburen was briefed on the planned assault and asked if he wished to participate. Vanburen declined the invitation. According to school Principal Greg Cartwright, Vanburen is a friend of the conspirators. 9. On December 17, 1999, Senior Special Agent Robert Beckham of the Kansas Bureau of Investigation, drove to 2017 Cherry Hill Road, Independence, Kansas, to speak with a Noah W. Vanburen. At approximately 1[0]:30 p.m., Agent Beckham conducted an interview with Noah Vanburen. Noah Vanburen stated the following information: a. Noah Vauburen stated that Jestin McReynolds approached him on December 17, 1999, just prior to fourth period (approximately 11:00 a.m.) near a water fountain at La-bette County High School. Jestin McReynolds stated to Vanburen that he and a couple of guys had a plan, and if Vanburen was not in on the plan, then he should not come to school on Monday, December 20,1999. b. During auto mechanics class, Jes-tin McReynolds approached Dwayne Heiskell and asked whether Heiskell was in on the plan. Vanburen stated that then he and Dwayne Heiskell went to Principal Cartwright and told him what was going on[.] Vanburen then went and found Ms. Smith, who is a teacher, and told her what Jestin McReynolds had told Vanburen. 10. Dwayne Heiskell is known to have previously been adjudicated as a juvenile offender in Labette County Case No. 98-JV-131 PA, for the offense of felony theft, and in Labette County Case No. 97-JV-136 PA for the offenses of residential burglary and misdemeanor criminal damage. 11. Jestin McReynolds is a white male, born 2/8/82, and resides at 401 S. Gartner, Altamont, Kansas. This residence is described a yellow frame one story house located on the southeast corner Fourth and Gartner Streets in Altamont, Kansas. 12. • Daniel Smith is a white male, born 9/24/82, and resides at 1116 13000 Road, Altamont, Kansas. This residence is described as a white two story wood frame house. 13. Josh Traxson is a white male, born 2/15/82, and resides at 504 E. 5th Street, Altamont, Kansas. This residence is described as a green one story wood frame house. 14. Aaron Spencer is a white male, born 7/5/82, and resides at 1004 E. 7th Street, Altamont, Kansas. This residence is described as a gray one story wood frame house. 15. Brian Vail, a.k.a. Brian McElroy, is a white male, born 2/10/82, and resides at 200 Main, Valeda, Kansas. 16. During the execution of these search warrants, I believe that law enforcement personnel will encounter the following conditions: a. The residences will be occupied by one or more individuals whom are reasonably believed to have immediate access to firearms or other weapons capable of inflicting great bodily harm or death. b. Some of the evidence sought by this warrant is by its nature easily destroyed. There is no access to the areas of their several residences where the evidence sought is probably located, from the outside, to prevent the destruction of said evidence. c. That the normal “knock and announce” procedure will only provide warning to one or more of the occupants so that they may possibly arm themselves and/or destroy some of the evidence sought. 17. For the reasons stated in the above paragraph, your affiant respectfully requests that law enforcement personnel be allowed to make entry to the several residences sought to be searched without first knocking on the door and announcing their authority. Labette County District Court Judge Robert J. Fleming reviewed the application and affidavit and issued the search warrants. F. Execution of Search Warrants The Labette County Sheriffs Office began executing the search warrants early in the morning of December 18, 1999. KBI Senior Special Agents John Kite and Terry Morgan and Special Agents Tim Hol-singer and Beckham, alongside Kansas Highway Patrol Troopers Stan Veatch, Scott Grasl, and Brian Newton assisted in the operation. 1. The Smith’s Residence Officers entered the Smith’s residence at 1:31 a.m. Smith, Traxon, and Sanders were all in Smith’s upstairs bedroom; Traxon was asleep and Smith and Sanders were talking. Upon hearing the officers’ entry, Smith grabbed a safe containing marijuana and money and attempted to flee from his bedroom by exiting through the window onto the roof of the house. Officers that were outside the residence observed Smith’s exit and apprehended him at gunpoint. Grasl entered Smith’s bedroom after Smith had fled through the window. Grasl, his gun drawn, forced Sanders to the ground, handcuffed her, and performed a brief search of her. Due to Traxson’s intoxication, he did not immediately awake and officers cuffed him and transported him downstairs before he awoke. Daniel Smith’s sister, Kendra Smith, asleep in her bed in a space outside Daniel Smith’s room, heard the noise downstairs and attempted to walk over and turn on the light. Sheriffs Deputy John Reed pushed her head down, spun her 180 degrees, and pushed her to the ground. When Reed spun Kendra Smith, her head struck the bannister at the top of the stairs. Kendra Smith suffered a cut on her face as a result, which was treated with soap and peroxide at the Smith’s residence. Kendra Smith later went to the hospital to have the cut treated; she did not require stitches. Officers seized the following items from the Smith’s residence: marijuana, narcotic pills, a marijuana pipe, 2 blue pills, $419 cash, a set of triple beam scales, a jar containing marijuana, smoking devices, and straws. Officers also seized several guns and ammunition, which were kept in a locked gun cabinet and for which Debra Smith, Daniel Smith’s mother, held the key. Officers arrested Traxson and Daniel Smith. 2. The McReynolds’s Residence At 1:35 a.m., an officer knocked on the door of the McReynolds’s residence, and Billy McReynolds, Jestin McReynolds’s father, answered. McReynolds was lying on the couch at the time. Officers handcuffed Jestin McReynolds and placed him at the kitchen table while they searched his room. Officers seized multiple guns and boxes of ammunition, Billy McReynolds’s reserve deputy uniforms and identification, and black gloves and clothing found in Jestin McReynolds’s car. Officers arrested Jestin McReynolds. 3. The Spencer’s Residence At approximately 4:00 a.m., Stammer called the Spencer’s residence and asked William Spencer, Aaron Spencer’s father, to meet him at the door. William Spencer opened the door, and officers entered the residence and located Aaron Spencer’s room. Davis had called Barber and asked him to meet the officers at the Spencer’s residence, and Barber stood just inside the front door during the search. Officers handcuffed and arrested Aaron Spencer and seized several guns and boxes of ammunition. 4. The Vail’s Residence At approximately 7:00 a.m., officers executed the search warrant on the Vail’s residence by forced entry. Bryan Vail was asleep on a couch in the front room, and Gayle Vail, Bryan Vail’s mother, was also present in the room. Officers seized marijuana and several items of marijuana-related paraphernalia, which were found in the front room, along with a shotgun and a long, black coat. Officers arrested Gayle Vail for marijuana possession and also arrested Bryan Vail. G. Interrogations of the Five Student Plaintiffs On December 18, 1999, Stammer led the interrogations of each of the five student plaintiffs at the sheriffs office. Stammer recorded and had transcribed four of the interrogations, and he prepared a report summarizing his interrogation of Vail. Stammer and Fire Marshal Kevin Kit-terman questioned Smith. Smith acknowledged that the conversation had taken place about driving cars into LCHS, running over people, and shooting people. Smith testified, however, that he also told Stammer and Kitterman that the conversation was a joke. Stammer and Kitterman questioned McReynolds. McReynolds stated that the boys talked about attacking LCHS on Monday by driving a vehicle into the school, shooting people, and setting off bombs. McReynolds also told Stammer that the conversation was meant to be a joke. Stammer and Kitterman questioned Traxson. Traxson stated that the boys all had access to guns, and that they had talked about getting guns from their homes and then meeting at the Spencer’s residence on Monday before proceeding to LCHS to shoot people and set off a bomb. According to Traxson, McReynolds talked about using his demolition derby car in the attack on LCHS. Traxson also told Stammer and Kitterman that he thought the conversation was a joke. During Spencer’s interrogation, he told Stammer and Kitterman that Traxson, McReynolds, Smith, Vail, and himself began talking about an attack on LCHS, which Heiskell joined when he arrived at the Smith’s residence. Spencer stated that McReynolds drew a diagram of the school and described the routes for an attack on LCHS. Spencer admitted that the boys had talked about weapons they would use and making bombs for the attack, and he reported that Debbie Smith let them have access to the weapons in the Smith’s residence. Spencer also indicated that the conversation was meant as a joke. Stammer and Kitterman interrogated Vail, and Stammer drafted a report summarizing the conversation. Vail stated that he was at the Smith’s residence until 8:00 p.m., and that the boys talked about shooting someone. Vail also stated that McReynolds talked about having Van Bu-rén sit on top of a building outside LCHS and shoot people as they emerged from the school. Vail then stopped talking and refused to make a statement. H. December 20,1999 On December 20, 1999, Forer filed juvenile complaints in Labette County District Court against McReynolds, Traxson, Vail, Smith, and Spencer, charging each with eight counts of conspiracy to commit first degree murder. The same day, Higgins interviewed Heiskell for the third time at LCHS. Heis-kell stated the following to Higgins: a. he was at Daniel Smith’s house Thursday night, December 16. b. The boys were drinking and talking about shooting it up at school. e.All were smoking marijuana. d. Heiskell spoke of how it would be fun to drive down the hall in a car. e. Jestin McReynolds drew plans to put a ram on his car. f. Jestin McReynolds then drew a map of the school, marking front and rear doors and drew McReynolds’ truck and Heiskell’s car with arrow to where they would meet in the hallway. g. Everyone was assigned an entrance to come in the school, meet in the middle where cars were then start shooting up the school. h. Heiskell saw [a] small pistol and [a] rifle with a wooden stock, and a scope on a bolt action in the corner. i. Jestin McReynolds said he had access to a sawed off shotgun, an SKS rifle and a 9 mm handgun from his dad. j. Aaron Spencer did not say much. k. Bryan Vail said he would get the sawed off shotgun and wear [the] police uniform from Jestin McRey-nolds’ dad. l. Josh Traxson wanted to shoot up the teachers and ... [T.J.L.]. m. Josh Traxson mentioned a flame thrower. n. Bryan Vail said was going to hook up with a guy from Wichita who could get automatic weapons. o. Daniel Smith usually had a key to the gun cabinet. p. Heiskell believed it was more than just talk and left. q. Friday morning, Dwayne Heiskell became angry when Jestin McRey-nolds approached Noah Van Burén and asked if he would sit on the roof with a rifle an pick people off as they ran outside once the shooting began. r. Noah declined involvement. s. Jestin McReynolds asked Noah and Dwayne Heiskell to meet at Aaron Spencer’s at noon. I. Detention, Bond Hearings, and Jail Conditions On December 21,1999, a detention hearing was conducted in Labette County District Court, and the court ordered the five student plaintiffs to remain in custody. On January 3, 2000, a bond hearing was held in the cases against Smith, Spencer, Vail, and McReynolds. Van Burén testified that McReynolds approached him in the hallway at LCHS on the morning of December 17,1999. According to Van Bu-rén, McReynolds asked: “Are you in on it?” When Van Burén asked him what he was talking about, McReynolds told him that some people were going to shoot up the school and that if Van Burén wasn’t going to participate then he shouldn’t come to school on Monday. Van Burén testified that he believed McReynolds was serious, and also learned later that Heiskell believed that the threat was serious. On January 29, 2000, officials transferred the five student plaintiffs from the Juvenile Detention Center in Girard, Kansas, to the Labette County Jail in Oswego, Kansas. Blundell placed the five student plaintiffs in the same cell on the bottom floor of the jail. Blundell testified that he had the five student plaintiffs placed in that cell because it was the only location that would satisfy the judge’s order that juveniles be housed apart from the adult inmates. The cell is a brick room 28 feet by 18 feet in size and furnished with five bunks, a shower, a water fountain or sink, and a toilet. Jail officials provided the five student plaintiffs with mattresses, blankets, towels, three meals a day, and cleaning supplies. The cell also contained a television with cable TV. Some of the five student plaintiffs also contend that the cell contained a number of gnats, ranging from 20 to McReynolds’s estimate of 632, although he stated he never actually counted them. Officials took the five student plaintiffs outside to an exercise yard two or three times, depending upon the date of their release. Traxson was released from Labette County Jail on February 8, 2000, on $25,000 bond and house arrest. Smith, McReynolds, and Spencer were released on February 14, on $25,000 bond and house arrest. Vail was released on February 18, on $25,000 bond and house arrest. As a condition of their release, none of the boys was allowed to have any contact with LCHS. J. Heiskell Recants Portions of His Allegations On February 6, 2000, Heiskell told For-er that portions of his previous statements to law enforcement about the alleged attack were not true. Specifically, Heiskell stated that the drawing made was of a truck rather than a map of the school, there were no guns or clothing present during the discussions, and the guns were in the gun cabinet. Forer testified that he was unsure whether Heiskell’s initial allegations or his revised statements were untrue. Nevertheless, Forer concluded that the evidence was not sufficient to prosecute the five student plaintiffs, and he dismissed the charges of conspiracy to commit first degree murder on April 14, 2000. K. Suspension of the Five Student Plaintiffs Law enforcement officials provided Cartwright with copies of the five student plaintiffs’ statements made during their respective interrogations, detailing their conversation of December 17, 1999. After Forer dropped charges against the five student plaintiffs on April 14, the prohibition against their contacting the school also was released. However, Cartwright concluded that it was in the best interests of the five student plaintiffs and LCHS to suspend the five student plaintiffs for the remainder of the school year. On April 17, 2000, Cartwright sent a notice to Smith, Vail, Spencer, and McRey-nolds advising them that he was placing them on short term suspension effective through April 28, 2000. He also sent them a notice advising them of his intent to suspend them for the balance of the school year and advising them of their right to contest that recommendation during hearings scheduled for April 27 and 28, .2000. The April 17, 2000, correspondence to each of the boys included a separate summary sheet which outlined three options available to the boys concerning the proposed action and also included copies of the Student Suspension and Expulsion law, K.S.A. 72-8901, et seq, as well as the regulations of the Board of Education of U.S.D. 506 relating to due process hearings for students. The notices were not mailed to Traxson. While the five student plaintiffs were confined, Cartwright spoke with Traxson and his father and informed them that Traxson had two options: proceed with a suspension hearing or waive the hearing and participate in an independent study course so that Traxson could complete his credits and receive his diploma at the end of the year. Traxson chose to pursue the independent study program, and he and his father signed a waiver of the right to a hearing on his proposed suspension in exchange for participating in the program. Wilson presided over the suspension hearings for McReynolds, Smith, Spencer, and Vail. McReynolds, Smith, and Spencer appeared at the hearing with one or more parents and their respective attorneys. In each instance, the boys agreed to the proposed suspension with the concurrence of counsel although, in each instance, the boys denied any wrongdoing on their part. Vail appeared at the hearing but was not represented by counsel, although he testified that he understood that he had the right to an attorney at the hearing. Vail attended the hearing with his grandfather, Archie McElroy, with whom he lived. Vail did not agree to the suspension. Vail was afforded the opportunity to present evidence at the hearing, and Wilson advised him of his right to appeal the decision of the hearing officer to the school board or its designee. Wilson accepted the suspension recommendation for each of the boys, and he mailed copies of his determination to each of them the following week. None of the boys filed with the school district an intent to appeal. L. Charges Against Sanders A LCHS dance took place the evening of December 18, 1999. Sanders and Kendra Smith attended the dance together. Heis-kell, Van Burén, and Josh Gann also were present. Shortly after arriving, Sanders observed Heiskell and walked over to confront him. Sanders called Heiskell “a fucking narc,” and a “fucking liar,” and accused him of “ratting out his friends.” At some point during the argument, Sanders pushed Heiskell, although she testified that it was in response to Heiskell’s threatening gesture. LCHS teacher Warren Milks escorted Sanders and Smith out of the building and asked Altamont police officers at the school to remove the two from the dance. Heiskell, Van Burén, and Gann drafted statements to Stammer reporting the incident. In his statement, Heiskell expressed his concern that Sanders would gather several people to attack Van Burén and himself. Stammer summarized their accounts of the incident in a report to Forer. On January 19, 2000, Forer filed a juvenile complaint against Sanders charging her with aggravated intimidation of a witness. Stammer drafted another report detailing an incident involving Sanders and Charla Bowshier, a LCHS student, that took place on January 27, 2000. Swender informed Stammer that there had been a fight between Sanders and Bowshier at LCHS. Stammer further reported the following: I interviewed Charla and she told me that she had been taking a lot of guff from Mallory since the five boys from LCHS were arrested for conspiracy. She said that Mallory had asked her if she had made a statement against them and that she had told her it was none of her business. She went on to say that Mallory had told her that she was going to kick her ass and beat her ass a number of times. She also [sic] that Mallory had caught her in the hall and yelled at her about lying about the boys. Apparently Charla wrote a statement to school officials about Brian Vail threatening her. Charla told me that Mallory had mentioned the statement to her when she threatened to kick her ass and also to come to Mound Valley to kick her ass. On the morning of the fight Charla said she was trying to ignore Mallory but she kept talking about her telling the others on the bus that Charla stunk and that she was a liar[J Charla said that she finally had had enough of it and retaliated by hitting Mallory and they then got in a fight. School officials broke up the fight and the girls were suspended for three days each for fighting. During the interview Charla told me that Mallory had come to Mound Valley to beat her up on the 17th of January, 2000. Charla said that Mallory and Kendra Smith came to Mound Valley and went to the house of a friend named Andrea Fullerton just a block north of Charla’s house. Charla said that Andrea called her on the phone and said that Mallory and Kendra Smith were there and that they wanted her to fight them at the [M]ound Valley grade school. Charla said that Andrea told her that the girls had a broken baseball bat and rolls of quarters (apparently to hold in their fists). Charla told Andrea to tell them that she was not home and she went outside and did so and they left. Charla said that the girls later drove by her house slowly and honked the horn. This followed an argument on the bus that day during which Mallory told Charla that her and Kendra were going to come to Mound Valley and beat her up. It was also during the same argument that Mallory asked Charla if she had written a statement about the boys and said she was going to kick her ass. Charla feared the girls were going to beat her up and that the bat and roll quarters were going to be used against her and that was the reason she told Andrea to tell them she was not at home. Charla also said that on about the 10th of January, 2000 Mallory had caught her in the hallway and said what’s your fucking problem bitch? Charla said that Mallory then said the judge told her that she had written a statement about the boys and that she ought to kick her fucking ass right now. I later interviewed Mallory Sanders and she told me that she was talking to Bret Seager and Charla just hit her for no reason. She stated that she had not talked to Charla at all on the bus that day and that she had not provoked her. She also said that she was seated next to Bret Seager and he could tell if she said anything or not. Mallory said that Charla invited her to Mound Valley to fight about two weeks prior to that day. And that she had asked Charla if she made a statement against the boys and then called her a liar. She also told me that she has a real problem with people running their mouths abut [sic] the boys being guilty. Mallory got tired of talking with me and asked her step dad if they could go home. Next I talked with Bret Seager and he told me that he was seated next to Mallory and that he heard Mallory say Charla stinks and that she hates her and wants to fight her. He said that she was saying this to the people in the back of the bus and that she also flipped Charla off from behind her. Bret went on to say that Charla was trying to ignore Mallory and that she did that until they were off the bus and the fight started. Next I spoke with Jacob Bond of 343 15000 rd Mound Valley. Jake told me that he was seated in the seat between Charla and Mallory and that Charla was trying to ignore Mallory and that the whole deal started just before getting to school on the west side of Altamont. He did not see the fight that day. I then spoke with Andrea Fullerton, Andrea told me that she was seated next to Charla on the bus and that Charla was trying to ignore Mallory. She said that after they got off the bus Charla snapped and the girls started fighting. Andrea also told me that about two or three weeks prior, on the bus Mallory had asked Charla if she wrote a statement about the boys and she answered yes and that it was about Brain Vail and that he threatened to kill her. She said that Mallory then said “You mouthy bitch I’ll kick your ass. Be at your house”. She said later that day Mallory and Kendra showed up at her house and told her they were there to fight Charla and told her to go call Charla and tell her they were there and to meet them at the Mound Valley grade school. Andrea did so and then told the girls that Char-la was not home, at Charla’s request. She said that Kendra pointed to the bat and said that it was not for Charla it was just broken. She said the girls then left. A statement obtained from teacher Mr. Ybarra, by Ken Swender said that he heard Mallory say to Charla “ “You fucking bitch you’re going to die” and ‘You fucking whore you’re going to die” on the way into the office. Teacher Shane Holtzman’s statement also reflected that Mallory had said your [sic] going to fucking die bitch. The last person I interviewed was Linda Henry. Linda is also Vice Principle at LCHS. Linda told me that after Mallory was brought to her office she gave her a few minutes to cool down and then spoke with her about what happened. She said that Mallory stated “After this is over I’m going to take care of her”. [A]nd when Mallory asked if Charla was in the office she was ... told no she then said “That’s too bad”. Sanders further testified that she had gotten into a fight with Bowshier because she heard that Bowshier had filed a complaint against Vail. Assistant County Attorney Kenley Thompson filed a juvenile complaint against Sanders for aggravated intimidation of a witness. II. Legal Standards Summary judgment is appropriate if the moving party demonstrates that there is “no genuine issue of material fact” and that it is “entitled to judgment as a matter of law.” Fed.R.Civ.P. 56(c). In applying this standard, the court views the evidence and all reasonable inferences therefrom in the light most favorable to the nonmoving party. Adler v. Wal-Mart Stores, Inc., 144 F.3d 664, 670 (10th Cir.1998) (citing Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 587, 106 S.Ct. 1348, 89 L.Ed.2d 538 (1986)). A fact is “material” if, under the applicable substantive law, it is “essential to the proper disposition of the claim.” Id. (citing Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986)). An issue of fact is “genuine” if “there is sufficient evidence on each side so that a rational trier of fact could resolve the issue either way.” Id. (citing Anderson, 477 U.S. at 248, 106 S.Ct. 2505). The moving party bears the initial burden of demonstrating an absence of a genuine issue of material fact and entitlement to judgment as a matter of law. Id. at 670-71. In attempting to meet that standard, a movant that does not bear the ultimate burden of persuasion at trial need not negate the other party’s claim; rather, the movant need simply point out to the court a lack of evidence for the other party on an essential element of that party’s claim. Id. at 671 (citing Celotex Corp. v. Catrett, 477 U.S. 317, 325, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986)). Once the movant has met this initial burden, the burden shifts to the nonmov-ing party to “set forth specific facts showing that there is a genuine issue for trial.” Anderson, 477 U.S. at 256, 106 S.Ct. 2505; see Adler, 144 F.3d at 671 n. 1 (concerning shifting burdens on summary judgment). The nonmoving party may not simply rest upon its pleadings to satisfy its burden. Anderson, 477 U.S. at 256, 106 S.Ct. 2505. Rather, the nonmoving party must “set forth specific facts that would be admissible in evidence in the event of trial from which a rational trier of fact could find for the nonmovant.” Adler, 144 F.3d at 671. “To accomplish this, the facts must be identified by reference to affidavits, deposition transcripts, or specific exhibits incorporated therein.” Id. Finally, the court notes that summary judgment is not a “disfavored procedural shortcut,” rather, it is an important procedure “designed to secure the just, speedy and inexpensive determination of every action.” Celotex, 477 U.S. at 327, 106 S.Ct. 2548 (quoting Fed.R.Civ.P. 1). III. Analysis A. Unlawful Search of Homes Without Probable Cause All plaintiffs bring claims against all defendants for unlawful search of plaintiffs’ homes without probable cause. 1. Barber, Search Warrant Execution To prevail under § 1983, a plaintiff must establish that a defendant “acted under color of state law and caused or contributed to the alleged violation.” Jenkins v. Wood, 81 F.3d 988, 994 (10th Cir.1996). Moreover, “the plaintiff must show [that] the defendant personally participated in the alleged violation.” Id. (citing Bennett v. Passic, 545 F.2d 1260, 1262-63 (10th Cir.1976)). Barber contends that summary judgment should be granted as to plaintiffs’ Fourth Amendment claim against him for unlawful search because he was not present at any of the plaintiffs’ homes except the Spencer’s, and because he did not participate in the search of the Spencer’s home, instead only standing inside the home while sheriffs deputies searched. Plaintiffs’ response is almost entirely dedicated to arguing that Barber was involved in the application for search warrant, as well as alleging multiple unsupported and immaterial character attacks on Barber. The court reminds plaintiffs that it already dismissed their claim against Barber for unlawful application for a search warrant. See March 22, 2002, Court Order (Doc. 48); Pretrial Order (Doc. 167). With regard to the Spencers, they allege only that Barber was present while the home was searched. However, Barber cannot be found liable for his mere presence at their home; rather, they must show that he personally participated in the search that allegedly violated their Fourth Amendment rights. See Jenkins, 81 F.3d at 995. The court therefore dismisses the Spencers’s Fourth Amendment claim against Barber for unlawful execution of a warrant. As the remaining plaintiffs have not even raised a factual allegation that Barber was present at their homes, the court dismisses their same-styled claim against Barber as well. 2. The City of Altamont, Kansas, Search Warrant Execution A. municipality may not be held liable under § 1983 under a theory of respondeat superior. Monell v. Dep’t of Soc. Servs. of N.Y., 436 U.S. 658, 694, 98 S.Ct. 2018, 56 L.Ed.2d 611 (1978). Instead, municipal liability may result only from the enforcement of a municipal policy or custom. Id. A municipal policy may be established by a single edict or act by a municipal official with final policy making authority. Id. Where a municipal officer has committed no constitutional violation, however, the municipality cannot be liable under § 1983. Olsen v. Layton Hills Mall, 312 F.3d 1304, 1317-18 (10th Cir.2002). The court determined above that Barber could not be held liable for unlawful execution of a search warrant. The City of Altamont, Kansas, therefore, cannot be held liable, and the court dismisses plaintiffs’ claims against the City of Altamont. 3. The County Defendants a. Did the Searches Violate Plaintiffs’ Constitutional Rights? The'Fourth Amendment guarantees the right of the people to be secure against unreasonable searches and seizures. U.S. Const. Amend. IV; Soldal v. Cook County, Ill., 506 U.S. 56, 62, 113 S.Ct. 538, 121 L.Ed.2d 450 (1992). To be constitutionally valid under the Fourth Amendment, a search must be reasonable. That is, it must be conducted pursuant to a valid search warrant and executed in accordance with Fourth Amendment principles. For a valid warrant to issue, it must appear from the affidavits supporting the application for the warrant that “there is probable cause to believe that an offense has been committed and that the defendant has committed it.” Fed.R.Crim.P. 4; Salmon v. Schwarz, 948 F.2d 1131, 1136 (10th Cir.1991) (citing Wong Sun v. United States, 371 U.S. 471, 481 n. 9, 83 S.Ct. 407, 9 L.Ed.2d 441 (1963)). “The Fourth Amendment requires only that the warrant contain probable cause supported by an oath or affirmation and a particular description of the place, persons, and things to be searched and seized.” United States v. Green, 178 F.3d 1099, 1106 (10th Cir.1999) (citing United States v. Wicks, 995 F.2d 964, 972 (10th Cir.1993)). Moreover, “the general touchstone of reasonableness which governs Fourth Amendment analysis, see Pennsylvania v. Mimms, 434 U.S. 106, 108-09, 98 S.Ct. 330, 54 L.Ed.2d 331 (1977) (per curiam), governs the method of execution of the warrant.” United States v. Ramirez, 523 U.S. 65, 71, 118 S.Ct. 992, 140 L.Ed.2d 191 (1998). The court reviews a challenge to a search warrant by paying “ ‘great deference’ ” to the magistrate’s or judicial officer’s “ ‘determination of probable cause.’ ” Ill. v. Gates, 462 U.S. 213, 236, 103 S.Ct. 2317, 76 L.Ed.2d 527 (1983) (quoting Spi- nelli v. United States, 393 U.S. 410, 419, 89 S.Ct. 584, 21 L.Ed.2d 637 (1969)). The court employs a “totality of the circumstances” analysis to the magistrate’s decision: “The task of the issuing magistrate is simply to make a practical, commonsense decision whether, given all the circumstances set forth in the affidavit before him, including the ‘veracity’ and ‘basis of knowledge’ of persons supplying hearsay information, there is a fair probability that contraband or evidence of a crime will be found in a particular place.” Id. at 238, 103 S.Ct. 2317. The Fourth Amendment is satisfied if the issuing judge “had a ‘substantial basis for ... conelud[ing]’ that a search would uncover evidence of wrongdoing.” Id. at 236, 103 S.Ct. 2317 (quoting Jones v. United States, 362 U.S. 257, 271, 80 S.Ct. 725, 4 L.Ed.2d 697 (1960)). (1) Heiskell’s Reliability As an Informant Plaintiffs first argue that the search warrant was not supported by probable cause because Heiskell was an unreliable informant. Again, a magistrate employs a totality-of-the-circumstances approach to evaluating the credibility of an informant who supplies information in support of a search warrant. See Gates, 462 U.S. at 234, 103 S.Ct. 2317. Recognizing that at times an informant’s motives may be questionable, the Supreme Court stated that “his explicit and detailed description of alleged wrongdoing, along with a statement that the event was observed firsthand, entitles his tip to greater weight than might otherwise be the case.” Id. Detailed observations, rather than generalized allegations, contribute in significant measure to the magistrate’s attempt to make “a balanced measure of the relative weights of all the various indicia of reliability (and unreliability).” Id. Moreover, when an informant’s information is corroborated by independent evidence, or the informant has a track record of supplying reliable information, the information may be sufficiently reliable to establish probable cause to issue a warrant. United States v. Williams, 10 F.3d 590, 593 (8th Cir.1993) (citing Draper v. United States, 358 U.S. 307, 313, 79 S.Ct. 329, 3 L.Ed.2d 327 (1959)). Once independent corroboration demonstrates the informant’s reliability, “then it is a permissible inference that the informant is reliable and that therefore other information that the informant provides, though uncorroborated, is also reliable.” Id. (citing Gates, 462 U.S. at 233-34, 103 S.Ct. 2317; Draper, 358 U.S. at 313, 79 S.Ct. 329). Plaintiffs allege that Heiskell’s unreliability was obvious to defendants for several reasons: Heiskell had three prior juvenile convictions for felony theft, residential burglary, and misdemeanor criminal damage; Heiskell was “known by defendants to abuse drugs and alcohol,” and that he used drugs the evening he was with the five student plaintiffs; and, Heiskell was known to have “mental and emotional problems” and was known to have been off his medication at the time of making his allegations. With regard to plaintiffs’ first allegation, an informant’s criminal record does not automatically render him unreliable, particularly, as in this case, where the informant’s identity is not confidential. United States v. Dennis, 625 F.2d 782 (8th Cir.1980). An informant’s criminal record is but one factor for the magistrate to consider when evaluating the totality of the evidence to support probable cause to issue a warrant. In this case, the affidavit for the search warrant detailed Heiskell’s criminal record, thereby allowing the magistrate to consider this factor before making his decision. The affidavit for the search warrant also reported the substance of plaintiffs’ second allegation. The affidavit stated that Heis-kell was at Smith’s home and that the boys “were drinking and taking drugs.” Plaintiffs’ third allegation actually refers to Heiskell’s diagnosis with ADD and prescribed medication to address the disorder, of which Cartwright was aware. Blundell, Higgins, and Davis were unaware of Heis-kell’s diagnosis and therefore did not inform the magistrate of this fact. Even had Higgins been aware of this fact, the court cannot conclude that he was required to include Heiskell’s diagnosis in his affidavit. Plaintiffs offer no factual or legal support for the argument that an ADD individual is intrinsically dishonest or likely to provide unreliable information. Plaintiffs also point to Heiskell’s deposition where he appears to state that he is bipolar. However, plaintiffs offer no evidence that Cartwright, or anyone else, was aware of this purported fact. Absent such knowledge at the time the affidavit was submitted, Heiskell’s later deposition testimony that he is bipolar cannot be used to challenge the determination that Heiskell was a reliable informant. (2) Van Buren’s Corroboration Plaintiffs next alternate between asserting that defendants did nothing to corroborate Heiskell’s information or that the interview with Van Burén “failed to corroborate Heiskell’s story to any reliable degree.” Prior to applying for a search warrant, KB I Special Agent Beckham interviewed Van Burén in an attempt to confirm Heiskell’s story. Van Burén reported that McReynolds had approached him at LCHS on Friday, December 17, and told him that McReynolds and some other boys had a plan to attack the school. According to Van Burén, McRey-nolds asked him if he wanted to participate by sitting on top of a building adjacent to LCHS and shooting people as they came out. If Van Burén did not wish to join the plan, McReynolds reportedly warned, then he should not come to LCHS on Monday, December 20. Van Buren’s information, then, confirmed the general outlines of Heiskell’s detailed allegations. Important to the court here is that Van Burén reported that he gained this information independently of Heiskell-when McReynolds approached Van Burén at LCHS. Van Burén did not have access to the same specific information as did Heiskell, but 100 percent corroboration of Heiskell’s testimony was not necessary to support a probable cause determination. See Easton v. City of Boulder, Colo., 776 F.2d 1441, 1450 (10th Cir.1985) (“Even with respect to evidence admitted during a trial, we have noted that ‘[e]vidence is not necessarily insufficient merely because the witness’ testimony has been contradictory and the explanations therefore difficult of belief.’ We would indeed be amiss if we were to hold police officers and magistrates to a stricter standard when evaluating evidence for a probable cause determination.” (citations omitted)). The five student plaintiffs contend that Higgins intentionally left out information from Beckham’s interview of Van Burén in order to shield material information from the district court judge. Specifically, the five student plaintiffs allege that Higgins left out the following statements: • “He [Van Burén] planned on going to school on Monday because, in his opinion, McReynolds and Smith would not go through with the unknown plan.” • “McReynolds did not specify what the plan was nor who else was involved.” A party may challenge the content of an affidavit by making “a substantial preliminary showing that a false statement knowingly and intentionally, or with reckless disregard for the truth, was included by the affiant in the warrant affidavit.” Franks v. Del., 438 U.S. 154, 155-56, 98 S.Ct. 2674, 57 L.Ed.2d 667 (1978). Franks also allows a party to challenge a material omission when the affidavit, containing the omitted material, would not be sufficient to support a finding of probable cause. United States v. Kennedy, 131 F.3d 1371, 1376 (10th Cir.1997) (citing Franks, 438 U.S. at 155-56, 98 S.Ct. 2674). Note, however, that “not every .omission of relevant information will be regarded as ‘material.’ The omitted information must be so probative as to negate probable cause.” Stewart v. Donges, 915 F.2d 572, 582 n. 13 (10th Cir.1990). Plaintiffs offer no evidence that Higgins had access to Beckham’s entire report, although they do argue that the wording of the affidavit closely resembles that of Beckham’s report. Absent any evidence relating to the matter, however, the court cannot conclude that Higgins viewed the entire report. Plaintiffs’ claim that Higgins intentionally omitted relevant information from his affidavit must therefore fail. However, even if plaintiffs produced evidence. supporting their assertion, plaintiffs’ Franks claim is still untenable. Van Burén stated that in his opinion the boys would not carry out the plan, but his statement does nothing to call into question the existence of the plan or the intent with which the plan was formulated. Further, the fact that Van Burén was unaware of the details of the plan does not change his statement that the boys had a plan for attacking the school. The court concludes that no reasonable jury could find that the absence of the above two statements from Higgins’s affidavit represented a material omission that negated probable cause for the search warrant. (3) Was the Search Warrant Supported by Sufficient Probable Cause? The primary basis for plaintiffs’ contention that probable cause did not exist to obtain a search warrant is that Heiskell was an unreliable informant. Two of the three supportable allegations put forth by plaintiffs, namely that Heiskell had a criminal record and that he was using drugs and/or alcohol on the night of December 16, were made known to the district court judge in Higgins’s affidavit. The third, that Heiskell has ADD, is not probative to his reliability. The court gives great deference to the district court judge’s decision to issue the search warrant. Heiskell offered specific, first-hand information, which “entitles his tip to greater weight than might otherwise be the case.” See Gates, 462 U.S. at 234, 103 S.Ct. 2317. Moreover, Van Burén confirmed the existence of the alleged plot, independently of Heiskell, because of his encounter with McReynolds, making permissible the inference that Heiskell’s information was reliable. See Williams, 10 F.3d at 593. Evaluating the totality of the circumstances, the district court judge was aware of the factors that might call into question Heiskell’s reliability but concluded that sufficient probable cause existed. Viewing the evidence in the light most favorable to plaintiffs, the court concludes that a reasonable jury could not find that the district court judge’s decision that there was a “fair probability that contraband or evidence of a crime will be found in a particular place” was improper. Gates, 462 U.S. at 239, 103 S.Ct. 2317. b. Blundell, Higgins, and Davis (1) Official Capacity Plaintiffs named Blundell, Higgins, and Davis in both their official and individual capacities. A government official sued in both their official and individual capacities are “ ‘treated as ... two different legal personages.’ ” Johnson v. Bd. of County Comm’rs for County of Fremont, 85 F.3d 489, 493 (10th Cir.1996) (quoting Bender v. Williamsport Area Sch. Dist., 475 U.S. 534, 543 n. 6, 106 S.Ct. 1326, 89 L.Ed.2d 501 (1986)). Individual capacity suits “ ‘seek to impose personal liability upon a government official for actions he takes while under color of state law,’ ” while an official capacity suit is “ ‘only another way of pleading an action against an entity of which an officer is an agent.’ ” Id. (quoting Ky. v. Graham, 473 U.S. 159, 165, 105 S.Ct. 3099, 87 L.Ed.2d 114 (1985)). Municipalities should be named directly, rather than naming municipal officials in their official capacity. Graham, 473 U.S. at 167 n. 14, 105 S.Ct. 3099; see also Sauceda v. Dailey, No. 97-2278-JWL, 1998 WL 422811, at *11 n. 7 (D.Kan. Jun.12, 1998) (