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United States Ninth Circuit


Lingo v. City of Salem, 14-35344

In a 42 U.S.C. section 1983 action, alleging false arrest without probable cause and unlawful entry of the curtilage of plaintiff’s home, the district court’s grant of summary judgment to defendant police officers is affirmed where the exclusionary rule does not apply to section 1983 cases and police may rely on unlawfully obtained evidence to defend against a constitutional tort claim for false arrest.

Appellate Information

  • Decided
  • Published 2016/06/27

Judges

  • O'SCANNLAIN

Court

  • United States Ninth Circuit

Counsel

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