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HEFLIN v. TOWN OF WARRENTON

Civil Action No. 96-305-A.

944 F.Supp. 472 (1996)

Larkin T. HEFLIN, III, Plaintiff, v. TOWN OF WARRENTON, et al., Defendants.

United States District Court, E.D. Virginia, Alexandria Division.

November 4, 1996.

Attorney(s) appearing for the Case

Ann M. Callaway, Ann M. Callaway, P.C., Warrenton, VA, for Plaintiff.

J. Ross Newell, III, Timberlake, Smith, Thomas & Moses, P.C., Staunton, VA, for Defendants.

MEMORANDUM OPINION

ELLIS, District Judge.

This case presents the question whether plaintiff's conviction for the criminal act that triggered his arrest should bar his § 1983 suit for the excessive force that he claims was used in effecting his arrest. In perhaps more familiar terms, the question presented is whether the so-called "illegal act defense" is a bar to a § 1983 suit alleging police use of unconstitutionally excessive force in making...

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