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Schubert v. City of Springfield, No. 09-1370

By FindLaw Staff on December 28, 2009 8:27 AM

In plaintiff's 42 U.S.C section 1983 case against a city and a police officer claiming his Fourth and Fourteenth Amendment rights were violated when a police officer stopped him in front of a courthouse to investigate plaintiff's possession of a handgun, district court's judgment in favor of the defendants is affirmed where: 1) district court had ample reason to conclude that officer's investigatory stop was justified at its inception; 2) district court correctly concluded that officer acted within the permissible scope of his initial Terry stop of plaintiff; 3) plaintiff failed to properly raise a Second Amendment claim in court; 4) district court correctly dismissed plaintiff's claims against the city sua sponte.     

Read Schubert v. City of Springfield, No. 09-1370

Appellate Information

Appeal from the United States District Court for the District of Massachusetts

Decided December 23, 2009

Judges

Before:  Lynch, Chief Judge, Stahl and Seyla, Circuit Judges

Opinion by Stahl, Circuit Judge

Counsel

For Appellant:    Alan Jay Black

For Appellee:     Kevin B. Coyle

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