N.D.Ill.: Losing search issue in state court collaterally estops civil § 1983 case over same search

Collateral estoppel bars plaintiff’s suit against officers who arrested and searched him. He lost on the same search issue in state court, and that’s order is final. Bertaux v. Aurora Police Dep’t, 2022 U.S. Dist. LEXIS 11260 (N.D.Ill. Jan. 21, 2022).

Defendant’s motion to reconsider a search issue filed under F.R.C.P. 60(b)(6) six years after his guilty plea wasn’t timely. There’s no time limit, but delays have to be reasonable. United States v. Yazzie, 2022 U.S. Dist. LEXIS 11168 (D.N.M. Jan. 21, 2022).*

“[T]he Court finds that there was probable cause for the issuing judge to grant the Facebook warrant for both accounts, that the Facebook warrant was not overbroad, and that even if the warrant were overbroad, the good faith exception would apply.” United States v. Turner, 2022 U.S. Dist. LEXIS 11183 (D.Nev. Jan. 21, 2022).*

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