Civil Procedure Keyed to Friedenthal
Allen v. McCurry
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McCurry was charged and convicted with possession of heroin under state law. During the criminal proceedings, he challenged the legality of the police search of his home under the Fourth Amendment of the United States Constitution. The state court held that the search did not violate the Fourth Amendment prohibition against unreasonable searches and seizures. McCurry subsequently filed this federal civil rights action under 42 U.S.C. Section: 1983, asserting that police officers unconstitutionally searched his house and seized property used to convict him. The district court granted summary judgment against McCurry on the ground that he had already litigated and lost this Fourth Amendment issue during the state criminal law proceedings. The Court of Appeals for the Eighth Circuit reversed, and the defendants instituted this appeal to the United States Supreme Court.
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