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Collateral estoppel not applied in § 1983 case although plaintiff lost probable cause issue in state court

By John Wesley Hall, Jr.

Collateral estoppel did not bar plaintiff's § 1983 case. Probable cause was found in the state case, but it was later dismissed. There was no privity with the officer in the underlying case, and plaintiff had no incentive to appeal since he won his criminal case. Rickert v. City of Poulsbo, 2008 U.S. Dist. LEXIS 10403 (W.D. Wash. January 29, 2008).* Consent to search in this case may have been coerced, but the law is not crystal clear because no case is like it because of the unique facts. There was, however, a consent to search form involved that plaintiffs signed, and all this adds up to qualified immunity. Eidson v. Owens, 2008 U.S. App. LEXIS 3149 (10th Cir. February 13, 2008).* Consent was found valid because the defendant's version was "wholly lacking in credibility...continue to full post

Full post as published by Fourth Amendment on February 15, 2008 (boomark / email).