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Criminal case loss of search issue collaterally estops a § 1983 case over same issue

By John Wesley Hall, Jr.

Plaintiff's losing criminal case where the search in his case was litigated and lost was collateral estoppel, applying Nebraska law to this issue. He argued that the state courts incorrectly decided his claim. James v. City of Omaha, 2008 U.S. Dist. LEXIS 9368 (D. Neb. February 7, 2008): Based on the foregoing, Plaintiff's Fourth Amendment claim in this § 1983 action is barred by collateral estoppel. Plaintiff had multiple opportunities at his criminal trial, and in his subsequent civil lawsuit, to litigate the validity of the police officers' search of his vehicle and seizure of his firearm. After Plaintiff fully litigated the validity of the search and seizure in the criminal proceedings, the county court entered a final judgment in the matter...continue to full post

Full post as published by Fourth Amendment on February 12, 2008 (boomark / email).