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Civil Procedure Keyed to Field
Allen v. McCurry
Citation:449 U.S. 90, 101 S.Ct. 411
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- Topic: Identifies the topic of law and where this case fits within your course outline.
- Parties: Identifies the cast of characters involved in the case.
- Procedural Posture & History: Shares the case history with how lower courts have ruled on the matter.
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- Brief Facts: A Synopsis of the Facts of the case.
- Rule of Law: Identifies the Legal Principle the Court used in deciding the case.
- Facts: What are the factual circumstances that gave rise to the civil or criminal case? What is the relationship of the Parties that are involved in the case. Review the Facts of this case here:
McCurry (Plaintiff) was arrested and tried in state court for possession of heroin, after undercover police officers searched his home without obtaining a warrant. At trial, McCurry sought to suppress the drug evidence, claiming the police uncovered it as a result of an illegal search that violated the Fourth Amendment. The state court denied his motion and admitted the evidence. McCurry then sued Allen (Defendant) and the other police officers under 42 U.S.C. § 1983, alleging that they violated his Fourth Amendment rights. The district court granted the defendants’ motion for summary judgment on the basis that McCurry’s claims were estopped because he already raised his Fourth Amendment issue in the state court proceeding, and the state court decided that there was no Fourth Amendment violation.
- Issue(s): Lists the Questions of Law that are raised by the Facts of the case.
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