Tunnell v. Wiley

OPINION AND ORDER

HIGGINBOTHAM, District Judge.

I

Plaintiff artfully attempts to categorize for adjudication as a constitutional issue a problem which does not actually exist on the record of this case. From plaintiff’s vantage he suggests that he has raised the following issue:

Does he have the right to collect civil damages under the Federal Civil Rights Act (42 U.S.C. § 1983) by reason of pretrial newspaper publicity which could purportedly deprive him of an impartial jury trial in a forthcoming criminal ease where he would be a defendant ?

Plaintiff attempts to cast this case as if the record…