[Download] "Motes v. Myers" by Eleventh Circuit U.S. Court of Appeals # Book PDF Kindle ePub Free
eBook details
- Title: Motes v. Myers
- Author : Eleventh Circuit U.S. Court of Appeals
- Release Date : January 20, 1987
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 54 KB
Description
CLARK, Circuit Judge: This case involves a dispute over title to an air conditioner. On its surface, the lawsuit seems trivial and lacking in federal jurisdiction. Underneath lurks the question of whether plaintiff Motes was deprived of her constitutional right of liberty without due process of law and whether 42 U.S.C. § 1983 affords her relief and federal jurisdiction of her claim. Belinda Joy Motes sued Sergeant James Ronald Myers, an officer with the City of Conyers Police Department, and Deputy Sheriff Kenneth Jones, an officer of the Rockdale Sheriff's Department, for unconstitutionally arresting her, and the City of Conyers and the County of Rockdale for improperly hiring, training, supervising and retaining these two officers. Specifically, Motes alleges that she was wrongfully imprisoned without probable cause, that excessive force was used in her arrest, and that there was an unlawful search of her home. Furthermore, Motes claims that during the arrest she sustained physical injury in the form of bruises, and that after the arrest she suffered mental and emotional anguish, and aggravation of her epileptic condition. We construe the complaint to assert a § 1983 claim of deprivation of a liberty interest, as well as the right to possess one's property free from an illegal search.