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Allen v. McCurry

United States Supreme Court
449 U.S. 90 (1980)

Allen v. McCurry


McCurry (plaintiff) was charged with possession of heroin in state court. He sought to suppress the evidence on account of an illegal search under the Fourth Amendment, but the state court admitted most of the evidence, including the drugs. McCurry was convicted. Subsequently, McCurry brought this civil suit under 42 U.S.C. § 1983 against Allen, et al. (defendants), claiming a violation of McCurry’s Fourth Amendment rights from illegal search and seizure. The district court granted the defendants’ motion for summary judgment on the ground that McCurry was estopped from bringing the § 1983 claim based on the Fourth Amendment because he had already raised the Fourth Amendment issue in the state court proceeding. The United States Court of Appeals for the Eighth Circuit reversed. The defendants appealed.

Rule of Law


Holding and Reasoning (Stewart, J.)

Dissent (Blackmun, J.)

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