Legal Opinion
Burke v. McDonnell
District Court, S.D. New York
Decided May 7, 1973No. 72 Civ. 3384PublishedCited by 1 opinion
1Opinion of the Court
GURFEIN, District Judge.
This is a pro se action brought under 42 U.S.C. § 1983, 28 U.S.C. § 1343 and the Fifth and Sixth amendments. It seeks damages in the sum of $50,000 against a single defendant, James McDonnell, formerly a police detective assigned to the office of the District Attorney of New York County. The claim is that McDonnell filed a perjurious affidavit in a coram nobis proceeding brought' by Burke in the Supreme Court of New York County, after he was sentenced, to vacate his plea of guilty theretofore entered, and hence, violated Burke’s civil rights. A trial was had at which…
2Cases cited7 opinions
- Pierson v. RaySupreme Court of the United States · 1967
- Virgil Norton, Virgil Wesley and James Chapman v. James P. McShaneCourt of Appeals for the Fifth Circuit · 1964
- Jerome Rosenberg v. Raymond v. MartinCourt of Appeals for the Second Circuit · 1973
- Zimmerman v. City of New YorkNew York Supreme Court · 1966
- Wilhelm v. TurnerDistrict Court, S.D. Iowa · 1969
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3Cited by1 opinion
- Frank S. Waits v. Hon. Raymond McGowan A. J. S. C., Monmouth CountyCourt of Appeals for the Third Circuit · 1975