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Restaurant Owners' Action Claiming False Bribery Charges, Plus Criminal Matter

By FindLaw Staff on September 13, 2010 12:01 PM

In Grider v. Auburn, No. 09-13261, an action by plaintiffs who owned a bar/restaurant in Auburn, Alabama, against City of Auburn and City employees under state tort law and 42 U.S.C. section 1983 for violations of the Fourth and Fourteenth Amendments, claiming that the City and its agents filed false bribery charges and selectively enforced regulatory laws in order to harm plaintiffs' business, the court affirmed in part the denial of summary judgment based on qualified immunity, holding that, absent the offering of funds, there was no bribery and no arguable probable cause for defendant-officer to arrest plaintiff.  However, the court reversed in part on the ground that plaintiffs lacked evidence that the city defendants conspired with the officer to maliciously prosecute plaintiff.

In US v. McGill, No. 09-14167, the court affirmed defendant's firearm possession sentence, holding that defendant's prior felony possession of a short-barreled shotgun was not a "violent felony" under the Armed Career Criminal Act.

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