Legal Opinion

McDonald v. Dunning

District Court, E.D. Virginia

Decided March 25, 1991No. Civ. A. 90-691-APublishedCited by 14 opinions

1Opinion of the Court

MEMORANDUM OPINION

ELLIS, District Judge.

Introduction

In this unusual case, a series of errors by local and state officials led to the mistaken arrest and jailing of plaintiff for failure to appear to serve a sentence he had in fact already served. The question presented by defendants’ summary judgment motions is whether the errors are intentional acts of constitutional magnitude so as to support plaintiffs § 1983 claims. Specifically, plaintiff asserts § 1983 claims against the clerk of the court which issued a stale warrant and the sheriff of the jail in which plaintiff was incarcerated.…

2Cases cited64 opinions

  1. Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
  2. Monell v. New York City Dept. of Social Servs.Supreme Court of the United States · 1978
  3. Harlow v. FitzgeraldSupreme Court of the United States · 1982
  4. Adickes v. S. H. Kress & Co.Supreme Court of the United States · 1970
  5. Kentucky v. GrahamSupreme Court of the United States · 1985

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3Cited by14 opinions

  1. Felicia Dean v. Stephen McKinneyCourt of Appeals for the Fourth Circuit · 2020
  2. Westmoreland v. BrownDistrict Court, E.D. Virginia · 1995
  3. Gholson v. MurryDistrict Court, E.D. Virginia · 1997
  4. Harrison v. Prince William County Police DepartmentDistrict Court, E.D. Virginia · 2009
  5. Amato v. City of RichmondDistrict Court, E.D. Virginia · 1994

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