Suppression Ruling During Pretrial Has Preclusive Effect During Federal Civil Rights Suit

A motion to suppress ruling at pretrial precludes a later federal civil rights claim regarding a seizure because the Fourth Amendment violation was already resolved during the criminal proceeding

Nance v. Humane Soc'y of Pulaski Cty., 2016 BL 252098, 8th Cir., No. 15-3512, 8/4/16.

   The Eighth Circuit ruled that a couple cannot not sue in federal court under 43 U.S.C. § 1983 because a state’s court ruling on a pretrial motion to suppress evidence precluded their claim. During their criminal trial, the couple motioned to suppress evidence that was collected in an animal cruelty investigation. The trial court had a hearing and admitted the evidence, resolving the possibility of any Fourth Amendment claim that could be raised later. In their opinion, the circuit court rebutted any claim that the couple did not have an opportunity to fully litigate the validity of the seizure on an alternative argument. It held that any alternative argument should have been presented during the pretrial proceedings, and the failure to do so, now bars their civil rights claim on this issue.

http://www.bloomberglaw.com/public/document/Nance_v_Humane_Socy_of_Pulaski_Cty_No_153512_2016_BL_252098_8th_C.