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Old April 23, 2012, 01:47 PM   #11
Spats McGee
Join Date: July 28, 2010
Location: Arkansas
Posts: 6,933
From an entirely law-geek perspective, I find this complaint interesting, because it does not state precisely which constitutional rights were allegedly violated. In all of the complaints that I run across here (8th Circuit), plaintiff's counsel spells it out: " . . . . Defendants violated the Plaintiff's rights under the Due Process Clause of the Fourteenth Amendment to the United States Constitution. . . . "

So, Plaintiff claims due process violations. Presumably, he means 14th Amendment Due Process, and not 5th Amendment Due Process, but he doesn't pinpoint it. While I think KyJim has something in this being a 4th Amendment case, as well, I see no reason that the two claims (4th and 14th violations) cannot coexist. As for 2A, that claim seems a little more tangentially related, but if the facts alleged are true, the right attorney might be able to make it stick.
I'm a lawyer, but I'm not your lawyer. If you need some honest-to-goodness legal advice, go buy some.
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