Scribd Logo
Upload

Welcome to Scribd!

  • 20 views

    Kareem Kirk-Bey v. Charlotte Mecklenburg Police, 4th Cir. (2014)

    Uploaded by

    Scribd Government Docs
    This document summarizes a United States Court of Appeals case in which Kareem Abdullah Kirk-Bey appealed the district court's denial of relief on his 42 U.S.C. § 1983 complaint against the Charlotte Mecklenburg Police Department and others. The Court of Appeals affirmed the district court's ruling, finding no reversible error. The Court also noted that to the extent Kirk-Bey's false arrest claim did not implicate his conviction, the claim was still without merit and barred by res judicata since he had previously raised the same claim against the police department in a prior case.

    Copyright:

    Public Domain
    Download as PDF or read online from Scribd
    Flag for inappropriate content

    You might also like

    Kareem Kirk-Bey v. Charlotte Mecklenburg Police, 4th Cir. (2014)

    Uploaded by

    Scribd Government Docs
    20 views2 pages
    This document summarizes a United States Court of Appeals case in which Kareem Abdullah Kirk-Bey appealed the district court's denial of relief on his 42 U.S.C. § 1983 complaint against the Charlotte Mecklenburg Police Department and others. The Court of Appeals affirmed the district court's ruling, finding no reversible error. The Court also noted that to the extent Kirk-Bey's false arrest claim did not implicate his conviction, the claim was still without merit and barred by res judicata since he had previously raised the same claim against the police department in a prior case.

    Original Description:

    Filed: 2014-01-29 Precedential Status: Non-Precedential Docket: 13-7324

    Copyright

    © Public Domain

    Available Formats

    PDF or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    Report this Document
    This document summarizes a United States Court of Appeals case in which Kareem Abdullah Kirk-Bey appealed the district court's denial of relief on his 42 U.S.C. § 1983 complaint against the Charlotte Mecklenburg Police Department and others. The Court of Appeals affirmed the district court's ruling, finding no reversible error. The Court also noted that to the extent Kirk-Bey's false arrest claim did not implicate his conviction, the claim was still without merit and barred by res judicata since he had previously raised the same claim against the police department in a prior case.

    Copyright:

    Public Domain
    Download as PDF or read online from Scribd
    Flag for inappropriate content
    Download as pdf
    20 views2 pages

    Kareem Kirk-Bey v. Charlotte Mecklenburg Police, 4th Cir. (2014)

    Uploaded by

    Scribd Government Docs
    This document summarizes a United States Court of Appeals case in which Kareem Abdullah Kirk-Bey appealed the district court's denial of relief on his 42 U.S.C. § 1983 complaint against the Charlotte Mecklenburg Police Department and others. The Court of Appeals affirmed the district court's ruling, finding no reversible error. The Court also noted that to the extent Kirk-Bey's false arrest claim did not implicate his conviction, the claim was still without merit and barred by res judicata since he had previously raised the same claim against the police department in a prior case.

    Copyright:

    Public Domain
    Download as PDF or read online from Scribd
    Flag for inappropriate content
    Download as pdf
    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 13-7324

    KAREEM ABDULLAH KIRK-BEY,


    Plaintiff Appellant,
    v.
    CHARLOTTE
    MECKLENBURG
    POLICE
    DEPARTMENT;
    PETER
    GILCHRIST, III; CHRISTOPHER M. COLLIER; APRIL N. PHIFER,

    S.

    Defendants - Appellees.

    Appeal from the United States District Court for the Western
    District of North Carolina, at Charlotte.
    Robert J. Conrad,
    Jr., District Judge. (3:13-cv-00330-RJC)

    Submitted:

    January 22, 2014

    Decided:

    January 29, 2014

    Before MOTZ, DUNCAN, and KEENAN, Circuit Judges.

    Affirmed by unpublished per curiam opinion.

    Kareem Abdullah Kirk-Bey, Appellant Pro Se.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    Kareem Abdullah Kirk-Bey appeals the district courts
    order denying relief on his 42 U.S.C. 1983 (2006) complaint.
    We

    have

    reviewed

    the

    record

    and

    find

    no

    reversible

    error.

    Accordingly, we affirm substantially for the reasons stated by


    the district court. *
    Dept,

    No.

    dispense

    3:13-cv-00330-RJC

    with

    contentions

    Kirk-Bey v. Charlotte Mecklenburg Police

    are

    oral

    argument

    adequately

    (W.D.N.C.
    because

    presented

    in

    July
    the
    the

    29,

    2013).

    We

    facts

    and

    legal

    materials

    before

    this court and argument would not aid the decisional process.

    AFFIRMED

    To the extent that Kirk-Beys claim of false arrest does


    not necessarily implicate the validity of his conviction, see
    Brooks v. City of Winston-Salem, 85 F.3d 178, 181 (4th Cir.
    1996), his claim is, nevertheless, without merit.
    As noted by
    the district court, Kirk-Bey has previously raised this claim
    against the police department in Kirk-Bey v. Murray, No.
    3:12-cv-00106 (W.D.N.C. Feb. 28, 2012).
    The district court
    denied relief and Kirk-Bey did not appeal. Thus, his attempt to
    raise the claim in a new action is barred by the doctrine of res
    judicata. Ohio Valley Envtl. Coal v. Aracoma Coal Co., 556 F.3d
    177, 210 (4th Cir. 2009).

    You might also like