http://ift.tt/2aoaJ0Z
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.
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.
Terrible 4th amend / 42usc1983 conclusion - estopple if supression is lost
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