U.S. Court of Appeals for the Sixth Circuit, 1958

Lemarr Blackmon v. Nicholas J. Wagener

U.S. Court of Appeals for the Sixth Circuit · Decided February 20, 1958 · Simons, Martin, Stewart

253 F.2d 10; 1958 U.S. App. LEXIS 3815 (Federal Reporter, Second Series)

Counsel

No attorney for appellant., Samuel Brezner, Angelo A. Pentolino, Nathaniel H. Goldstick, Detroit, Mich., Thomas Rafferty, Albert Summer, Wm. D. Brusstar, Detroit, Mich., and Samuel J. Torina, Lansing, Mich., for appellees.

Cases that cite this one

3 later published cases cite this decision.

Jacob Powell v. Detective Sylvester Jarvis and Mary Gamble (2d Cir. 1972)
Gaito v. Strauss (District Court, W.D. Pennsylvania 1966)
Crawford v. Lydick (District Court, W.D. Michigan 1959)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion

PER CURIAM.

This is an appeal from the district court’s dismissal of a civil action for money damages. In 1956 the appellant was convicted of a criminal offense in a Michigan court after a jury trial in which he was represented by counsel. He was sentenced to the Michigan State Prison, where he is now an inmate.

He filed the present action against the Michigan judge who presided at his trial, the prosecuting attorneys, his own lawyers, three individuals who testified against him, and six police officers, alleging that they had deprived him of rights guaranteed by the Constitution.

The district court was not in error in dismissing the complaint. Certain of the *11 defendants were immune from liability. Kenney v. Fox, 6 Cir., 1956, 232 F.2d 288. As to others, the jury’s verdict in the state criminal trial resolved any conceivable issues against the appellant. And as to none of the defendants named did the complaint state a claim upon which relief could be granted. Thompson v. Heither, 6 Cir., 1956, 235 F.2d 176; Rule 12, Fed.R.Civ.P., 28 U.S.C.A.

The order of the district court is affirmed.

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