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Civil Rights

Civil Practice: 42 U.S.C. §1983-State Court Custody Action-Younger Abstention Doctrine

Plaintiff appealed the dismissal of her §1983 action alleging violations of her constitutional rights in a pending state court custody action. Where the Younger abstention doctrine was applicable to preclude consideration of plaintiff’s federal constitutional claims arising from a pending ...

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Civil Rights: 42 U.S.C. §1983-Excessive Force-Reasonableness of Search

Plaintiff, an offender civilly committed to the Minnesota Sex Offender program, appealed from the dismissal of his §1983 action alleging violations of his constitutional rights stemming from the use of force. Where plaintiff failed to show that the use of ...

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Civil Rights: 42 U.S.C. §1983-Criminal Statute-Private Cause of Action

Plaintiff appealed from the dismissal of his action under 42 U.S.C. §1983. Where plaintiff did not have a private cause of action under the criminal statutes he cited and where his §1983 claims were previously dismissed for lack of subject ...

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Civil Rights: Dismissal-Pro Se Action

Where appellant challenged the dismissal of his pro se civil rights action, the dismissal was proper, so the judgment is affirmed. Judgment is affirmed. Sayen v. Schurrer (MLW No.74466/Case No. 19-2360 – 2 pages) (U.S. Court of Appeals, 8th Circuit, ...

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Civil Practice: Fiduciary-ERISA

Where plaintiff, who invested in an ERISA plan, argued that a service provider to the plan violated ERISA, the district court erred in finding that the provider was not a fiduciary when it set the composite crediting rate, so the ...

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Civil Rights: Unlawful Arrest-Judicial Immunity

Where appellant filed an action against defendants including a city and a judge alleging counts including unlawful arrest and constitutional violations, the judge was entitled to absolute judicial immunity from the arrest and detention claims based on an invalid warrant, ...

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Civil Rights: Municipal Practice-Court Fines-Appointment of Counsel

Where appellant challenged the dismissal of claims that she brought against a city for jailing her without an inquiry into her ability to pay and without appointing counsel, the district court properly dismissed the claims because the appellant did not ...

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Civil Rights: Dismissal-Statute of Limitations

Where appellant challenged the dismissal of his civil rights action, the district court properly found the claims to be barred by the applicable statute of limitations. Judgment is affirmed. Clayborne v. Parker (MLW No. 74445/Case No. 19-2410 – 2 pages) ...

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Civil Rights: 42 U.S.C. §1983-Judicial Immunity-Jurisdiction over State Court Judgments

Plaintiff appealed from the district court’s dismissal of his pro se §1983 action. Where defendants were entitled to judicial immunity and district courts lacked appellate jurisdiction over state court judgments, the district court properly dismissed plaintiff’s complaint. Judgment is affirmed. ...

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