ALLEN V. McCURRY
449 U.S. 90 (1980)
NATURE OF THE CASE: This was a review of a reversal of a summary judgment.
FACTS: McCurry (P) challenged the constitutionality of a police search but was still
convicted of drug possession despite some of the evidence being excluded based on illegal
police conduct. Because he did not assert that the state courts had denied him a 'full and
fair opportunity' to litigate his seizure claim, P was barred from seeking a writ of habeas
corpus in a federal district court. P then filed a civil rights action for damages under 42
U.S.C. Section 1983 against the police officers involved; the search was improper. The
district court held that the constitutionality of the search had already been litigated and
it granted a summary judgment to dismiss the action. The court of appeals reversed;
collateral estoppel and issue preclusion could not be applied in a Section 1983 action if it
was the only route to a federal forum for a constitutional claim. The Supreme Court granted
review.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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