Posted On: December 27, 2007
PLAINTIFF CANNOT BRING CICIL RIGHTS CASE IN FEDERAL COURT SOLELY ON FOURTH AMENDMENT ISSUES
Where plaintiff did not allege a ยง 1983 violation and proceeded directly under the Fourth and Sixth Amendment, the case could not be removed to federal court because there is no claim directly under the Fourth Amendment cognizable in federal court.
Phillips v. Sacramento County, 2007 U.S. Dist. LEXIS 94489 (E.D. Cal. December 27, 2007).*
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