• We are now running on a new, and hopefully much-improved, server. In addition we are also on new forum software. Any move entails a lot of technical details and I suspect we will encounter a few issues as the new server goes live. Please be patient with us. It will be worth it! :) Please help by posting all issues here.
  • The forum will be down for about an hour this weekend for maintenance. I apologize for the inconvenience.
  • If you are having trouble seeing the forum then you may need to clear your browser's DNS cache. Click here for instructions on how to do that
  • Please review the Forum Rules frequently as we are constantly trying to improve the forum for our members and visitors.

Appellate court decision - 42 usc 1983 - no need for conviction/acquittal to file

davidmcbeth

Banned
Joined
Jan 14, 2012
Messages
16,167
Location
earth's crust
http://www2.ca3.uscourts.gov/opinarch/153399p.pdf

From link at 4thamendment.com appellate court opinion ^^

http://fourthamendment.com/

In the lower court in a 42 usc 1983 case, the .govs argued, successfully [ie a judge actually agreed and dismissed the case!], that a conviction was required for various counts of the plaintiff's complaint.

Luckily, the plaintiff had the $$$ to appeal, and did so successfully.

Likely a useful case to cite for members here that pursue a 1983 claim, especially those of that court's jurisdiction.
 
Top