Public-domain · open source
OpenJurist

32 F.3d 571

Docket No. 93-4088.

Cole v. Francavilla

Eighth Circuit Court of Appeals

Submitted: June 27, 1994. Filed: August 16, 1994.

This page is marked noindex.

Eighth Circuit Court of Appeals · decided 1994-06-27

Applies 42 U.S.C. § 1983 (Civil Rights Act of 1871 / Section 1983 (Ku Klux Klan Act))

Relies on United States v. Long

Opinion by Per Curiam · Decided 1994-06-27

NOTICE: Eighth Circuit Rule 28A(k) governs citation of unpublished opinions and provides that no party may cite an opinion not intended for publication unless the cases are related by identity between the parties or the causes of action.

Before BOWMAN, LOKEN, and HANSEN, Circuit Judges.

PER CURIAM.

¶1

Frankie Cole, a Nebraska inmate, appeals from the district court's1 order granting summary judgment on his 42 U.S.C. Sec. 1983 claim that Omaha police officer John Francavilla illegally searched Cole's automobile and illegally failed to keep in police custody the tools he seized from the automobile. Cole also appeals the district court's dismissal of his claim that his public defender provided ineffective assistance of counsel in the state court criminal action. The district court granted Francavilla summary judgment holding that collateral estoppel barred Cole's claims because they were decided adversely to Cole in his state criminal proceeding. The district court also dismissed the complaint against the public defender as frivolous. Having reviewed the briefs and record, we conclude that the district court committed no reversible error and we affirm the judgment of the district court. See 8th Cir. Rule 47B.

1

The Honorable William G. Cambridge, United States District Judge for the District of Nebraska

/32/f3d/571 · .json · Public domain