Ninth Circuit Upholds District Court’s Grant of Summary Judgment in Favor of Detectives in 42 U.S.C § 1983 Action

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In a recent Ninth Circuit opinion, Burrell v. McIlroy, et al., 06 C.D.O.S. 8868 (September 20, 2006), plaintiff Stephen Burrell ("Burrell")) appeals the district court's grant of summary judgment on behalf of various detectives of the Las Vegas Metropolitan Police Department in this 42 U.S.C. § 1983 action. The Ninth Circuit affirmed the district court’s grant of summary judgment. 42 U.S.C. § 1983, is an "enabling" statute. That is, it is the vehicle by which a plaintiff may assert the violation of a constitutional right.

To read the full opinion of the Court, click here.

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