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eBook details

• Title: Mccullough v. Singletary
• Author : Eleventh Circuit U.S. Court of Appeals
• Release Date : January 03, 1992
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 59 KB

Description

Michael Lee Sammons brought this pro se civil rights action, seeking damages seemingly pursuant to Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, 403 U.S. 388, 91 S. Ct. 1999, 29 L. Ed. 2d 619 ( 1971), and its progeny, in the United States District Court for the Northern District of Georgia, Rome Division, against FBI agent Maury Taylor and six other unidentified FBI agents, in their individual capacities only, alleging that one or more of those defendants conducted an unconstitutional, pretextual inventory search of his automobile. In connection therewith, Sammons contends that $9,020 in United States currency, belonging to him and confiscated during the automobile search, has been unlawfully taken from him. Defendants filed a motion to dismiss or, alternatively, for summary judgment. Before Judge Murphy, sitting in the court below, acted with respect to that motion, Sammons sought to amend his complaint to name additional FBI agents as defendants, apparently in their individual capacities only. Without deciding whether plaintiff would or would not be permitted so to amend, the district court stayed its ruling in that regard, granted the summary judgment motions of defendants and considered the issue of the amendment by plaintiff of his complaint to be moot. In so doing, Judge Murphy concluded that Sammons challenges to the automobile search, the subsequent seizure of Sammons property and the forfeiture are all barred by the qualified immunity doctrine. For the reasons set forth in this opinion, we remand this case to the court below, and direct that court (a) to permit Sammons to file his amended complaint, (b) to conduct further proceedings with respect to the inventory search issue and (c) to transfer all of the forfeiture claims of plaintiff, pursuant to 28 U.S.C. § 1406(a), to the United States District Court for the Eastern District of Tennessee at Knoxville. I.

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