Conflicts Keyed to Currie
Allen v. McCurry
Facts
During the trial in which he was convicted of heroin and assault offenses, McCurry (Plaintiff) questioned the constitutionality of the search and seizure that had occurred. The court denied his suppression motion in part, and he was convicted. He was not able to seek a federal writ of habeas corpus because he did not allege that the state courts had denied him a “full and fair” opportunity to litigate his search and seizure claim. Still, he sought federal court redress for the alleged constitutional violation by bringing a damage suit under 42 U.S.C. 1983 against the officers, including Allen (Defendant), who had conducted the search. The district court held collateral estoppel barred relitigation of the issue. The court of appeals reversed, concluding that the only route to a federal forum McCurry (Plaintiff) had for his constitutional claim was his 1983 suit.
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