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Thread: Terrible 4th amend / 42usc1983 conclusion - estopple if supression is lost

  1. #1
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    Terrible 4th amend / 42usc1983 conclusion - estopple if supression is lost

    http://media.ca8.uscourts.gov/opndir/16/08/153512U.pdf

    Case above ... court finds that if you lose a motion to suppress in the criminal trial, this precludes you from having a cause of action to sue in a 42 USC 1983 case.

    I'm sure that if the plaintiff would have won the suppression hearing in the criminal trial this would not preclude the .gov from presenting a case defense at a 1983 case though.

    Another instance of the .govs making 2 sets of rules ... one for them and one for us.
    Last edited by davidmcbeth; 08-05-2016 at 10:13 AM.

  2. #2
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    The plaintiffs still may have another litigation...

    See the last paragraph in the federal decision... It appears the district court dismissed "without prejudice" therefore the Nances may still choice to litigate their case..

    Had the court rendered the decision "with prejudice".. Then the matter would be closed to future litigation..

    My .02

    Regards
    CCJ
    " I detest hypocrites and their Hypocrisy" I support Liberty for each, for all, and forever".
    Ask yourself, Do you own Yourself?

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