...The fourteenth amendment added to the Constitution on July 9th, 1868 changed democracy and the United States as it was known forever. This amendment granted citizenship to “all persons born or naturalized in the United States” which included former slaves that had recently been freed. It also forbid states from denying anyone of “life, liberty, or property, without due process of law” and to deny to any person within its “jurisdiction the equal protection of the laws.” The fourteenth amendment greatly expanded the protection of civil rights to all American citizens and played a fundamental role in extending the reach of the Bill of Rights to the states. It is used more in litigation than any other amendment that has been added to the original...
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...Hatfield v. McDaniel et al Doc. 58 IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF ALABAMA NORTHERN DIVISION JERRY BENNETT HATFIELD, III, ) ) Plaintiff, ) ) v. ) ) JOHN MCDANIEL, et al., ) ) Defendants. ) CASE NO. 2:11-CV-590-WKW [WO] MEMORANDUM OPINION AND ORDER This case involves the allegedly illegal search and seizure of Plaintiff Jerry Bennett Hatfield’s store and computer. The matter comes before the court on the Motion for Partial Summary Judgment filed by Defendants John McDaniel, Gary Graves, Robert Furlong, and the City of Prattville, Alabama. (Doc. # 25.) The parties have argued their positions extensively: Mr. Hatfield filed a Response (Doc. # 29), to which Defendants responded (Doc. # 35), to which Mr. Hatfield filed a sur-reply, to which Defendants responded (Doc. # 45). For the reasons discussed below, summary judgment is due only on Mr. Hatfield’s Fourteenth Amendment and negligence claims. As to Mr. Hatfield’s Fourth Amendment claims, summary judgment is improper. Dockets.Justia.com I. JURISDICTION AND VENUE Subject matter jurisdiction over this action is exercised pursuant to 28 U.S.C. § 1331 and 28 U.S.C. § 1343. The parties do not contest personal jurisdiction or venue, and there are allegations sufficient to support both. II. FACTUAL AND PROCEDURAL BACKGROUND Plaintiff Jerry Bennet Hatfield, III, runs a car stereo store in Prattville called Powerhouse Audio. Sometimes Mr. Hatfield accepts trade-ins, which are not always the...
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