[Download] "Moore V. Mcdonald" by United States Court of Appeals for the Fifth Circuit " eBook PDF Kindle ePub Free
eBook details
- Title: Moore V. Mcdonald
- Author : United States Court of Appeals for the Fifth Circuit
- Release Date : January 01, 1994
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 58 KB
Description
Appellant, Curtis Lynn Moore, was arrested for possession of a controlled substance and detained, and following the dismissal of criminal charges, brought an in forma pauperis action against appellee, Deputy Sheriff Lynn McDonald, for violation of his civil rights under 42 U.S.C. § 1983 (1988). Moore alleged that McDonald falsely stopped, detained, searched, and arrested him, and gave perjured testimony at a pretrial suppression hearing. The district court granted summary judgment for McDonald on the perjury claim and later dismissed the remainder of Moore's claims as frivolous under 28 U.S.C. § 1915(d) (1988). Moore appeals, arguing that the district court erred in holding that: (1) McDonald has absolute immunity to Moore's § 1983 perjury claim; (2) Moore's Fourth Amendment claims are frivolous under § 1915(d); and (3) Moore must pay court costs. We affirm the judgment on Moore's perjury and Fourth Amendment claims, and the judgment imposing costs on Moore.