Legal Opinion

Turner v. Lynch

District Court, S.D. New York

Decided March 22, 1982No. 81 Civ. 5711 (WK)PublishedCited by 6 opinions

1Opinion of the Court

MEMORANDUM AND ORDER

WHITMAN KNAPP, District Judge.

Plaintiff sued for damages, alleging that defendants — both police officers — violated his Fifth and Fourteenth Amendment rights by “fail[ing] to adhere to the established principles of the Miranda warning” and by testifying before a grand jury and “us[ing] . . . [two] illegally obtained statements to procure an indictment against plaintiff.” Complaint at 2-3. We deem such action to have been brought pursuant to 42 U.S.C. § 1983. Defendants now move to dismiss the complaint or for summary judgment, and for an award of attorney’s fees pursuant…

2Cases cited26 opinions

  1. United States v. CalandraSupreme Court of the United States · 1974
  2. Christiansburg Garment Co. v. Equal Employment Opportunity CommissionSupreme Court of the United States · 1978
  3. Branzburg v. HayesSupreme Court of the United States · 1972
  4. Costello v. United StatesSupreme Court of the United States · 1956
  5. Michigan v. TuckerSupreme Court of the United States · 1974

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3Cited by6 opinions

  1. Cooper v. DupnikCourt of Appeals for the Ninth Circuit · 1991
  2. Dahlberg v. BeckerDistrict Court, N.D. New York · 1984
  3. Della Pietra v. New York State Organized Crime Task ForceDistrict Court, W.D. New York · 1986
  4. Hensley v. CareyDistrict Court, N.D. Illinois · 1986
  5. Palmer v. CoonsDistrict Court, D. Vermont · 1984

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