Legal Opinion
Patrick J. McClain v. Thomas Brown
Court of Appeals for the Eighth Circuit
Decided November 17, 1978No. 78-1333PublishedCited by 28 opinions
1Per curiam
Patrick J. McClain brought this civil rights suit for damages under 42 U.S.C. § 1983 against Magistrate Thomas Brown of the Eighth Judicial District of Iowa. He alleged that, after being subpoenaed as a witness for the prosecution in his brother’s trial on misdemeanor charges, he refused to answer a question he felt was self-incriminating and invoked the fifth amendment. Magistrate Brown adjudged McClain in contempt of court and ordered him incarcerated. However, when the hearing was continued on a later date, Magistrate Brown sustained McClain’s invocation of the fifth amendment privilege,…
2Cases cited6 opinions
- Stump v. SparkmanSupreme Court of the United States · 1978
- Bradley v. FisherSupreme Court of the United States · 1872
- Randall v. BrighamSupreme Court of the United States · 1869
- United States v. Clayton E. ScottCourt of Appeals for the D.C. Circuit · 1972
- Richard F. Smith v. United StatesCourt of Appeals for the Eighth Circuit · 1966
1 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Robert David Figueroa v. Audrey P. BlackburnCourt of Appeals for the Third Circuit · 2000
- James E. Tucker v. Marilyn Outwater, and the County of JeffersonCourt of Appeals for the Second Circuit · 1997
- United States v. James H. HerzogCourt of Appeals for the Eighth Circuit · 1981
- United States v. Douglas JarvisCourt of Appeals for the Fourth Circuit · 1993
- Keating v. MartinCourt of Appeals for the Eighth Circuit · 1980
23 more not listed; retrieve them via the Exa API.