(Download) "Webber v. Michela" by Eighth Circuit United States Court of Appeals # eBook PDF Kindle ePub Free
eBook details
- Title: Webber v. Michela
- Author : Eighth Circuit United States Court of Appeals
- Release Date : January 28, 1980
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 50 KB
Description
Appellant Bruce J. Webber filed a complaint in the United States District Court for the District of Minnesota, alleging that defendants deprived him of his civil rights, in violation of 42 U.S.C. §§ 1983 and 1985 (1976). Webber sought declaratory and injunctive relief, as well as $1,000,000 in damages. The lawsuit stemmed from an allegedly illegal search of a package belonging to Webber. Appellant asserted that defendant John Michela, a judge of the Twelfth Judicial District, Kankakee County, Illinois, and defendants Frederick Hafner, William Fitzgerald, and Clifford Erwin, three Joliet, Illinois, police officers, deprived appellant of his rights by unlawfully issuing and executing a search warrant. Appellees moved to dismiss the action for lack of personal jurisdiction, improper venue, and failure to state a claim upon which relief could be granted. The district court dismissed the action for failure to state a claim, and awarded appellees $500 in attorneys' fees and costs. Webber appeals both the dismissal and the award of litigation expenses. Because we find that the court did not have personal jurisdiction over the defendants, we affirm the dismissal, but vacate the decision on the merits and the award of expenses.