AELE LAW LIBRARY OF CASE SUMMARIES:
Civil Liability of Law Enforcement Agencies & Personnel
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Procedural: Section 1983 in General
had no constitutional or statutory right to effective assistance of counsel
in his Section 1983 excessive force lawsuit, so that any error the trial
judge made in failing to appoint a substitute lawyer was harmless and jury's
award for defendants upheld on appeal. Plaintiff's only available remedy
for alleged ineffective assistance of counsel would be a lawsuit for legal
malpractice. Taylor v. Dickel, #01-2102, 293 F.3d 427 (8th Cir. 2002).
Time to bring section 1983 lawsuits extended by state statutes tolling time while prisoners are incarcerated Hardin v. Straub, 109 S.Ct. 1998 (1989).
Federal jurisdiction for Section 1983 claim required governmental participation Presence of police officers at incident on private company's property does not implicate Section 1983 Rizzo v. Host Services of New York, Inc, 545 F.Supp. 1193 (E.D. NY 1982).
Section 1983 suit dismissed against city absent policy allegation Miller v. Barry, 545 F.Supp. 105 (DDC 1982).
Deputy sheriff's able to seize illegal fireworks without a preseizure hearing Siegel v. Sonquist, 554 F.Supp. 1217 (E.D. Wis 1983).
Section 1983 remedy under federal law not available in assault and battery and false arrest claims; state remedy provides adequate due process Barnier v. Szentmiklosi, 565 F.Supp. 869 (E.D. Mich 1983).
Section 1983 is proper remedy even though adequate state remedy might be available in police shooting case Roman v. City of Richmond, 570 F.Supp. 1554 (N.D. Cal 1983).
Public defenders for inmates not subject to Section 1983 suits for ineffective counsel Bruce v. Fletcher, 584 F.Supp. 5 (WD Mo (1984).
Plaintiff needs to amend complaint to specifically state pleadings as set forth by court Egan v. Concini, 585 F.Supp. 801 (M.D. Pa 1984).
Plaintiff's remedy for illegal search of car lies in state court Coney v. Smith, 738 F.2d 1199 (11th Cir. 1984).
" See also: Assault and Battery: Physical, Defenses: Statute of Limitations, Defenses: Notice of Claim; Off Duty/Color of Law.
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