Legal Opinion

M.D. Ex Rel. Daniels v. Smith

District Court, M.D. Alabama

Decided August 27, 2007No. Civil Action 3:04cv877-MHTPublishedCited by 11 opinions

1Opinion of the Court

OPINION

MYRON H. THOMPSON, District Judge.

Plaintiff M.D., a minor, brings this lawsuit against defendant Lloyd Smith, in his individual capacity, under the Fourth and Fourteenth Amendments to the United States Constitution, as enforced through 42 U.S.C.A. § 1983, and under Alabama state law. 1 According to M.D., Deputy Sheriff Smith forcefully removed M.D. from his ear, slammed his head against the trunk of the car, and frisked him. M.D. asserts that the search and seizure of his person was unreasonable and the amount of force used was excessive, all in violation of federal law; he also…

2Cases cited48 opinions

  1. Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
  2. Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
  3. Matsushita Electric Industrial Co., Ltd. v. Zenith Radio CorporationSupreme Court of the United States · 1986
  4. Terry v. OhioSupreme Court of the United States · 1968
  5. Harlow v. FitzgeraldSupreme Court of the United States · 1982

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3Cited by11 opinions

  1. Vassallo Ex Rel. K v. v. LandoDistrict Court, E.D. New York · 2008
  2. Fenwick v. United States of AmericaDistrict Court, District of Columbia · 2013
  3. J.W. v. Birmingham Board of EducationDistrict Court, N.D. Alabama · 2015
  4. S.R. v. Kenton Cnty. Sheriff's OfficeDistrict Court, E.D. Kentucky · 2017
  5. D. L. v. Hernando County Sheriff's OfficeDistrict Court, M.D. Florida · 2022

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