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Case Citations [1] (2016)

handle is hein.ali/relwdmts0035 and id is 1 raw text is: JUDGMENTS CHAPTER 3. FORMER ADJUDICATION TOPIC 2. PERSONAL JUDGMENTS TITLE E. EFFECT ON OTHER CAUSES OF ACTION-COLLATERAL ESTOPPEL § 68. Questions of Fact C.A.D.C.2016. Com. (n) cit. in conc. and diss. op. Arrestee brought an action against agents of the Federal Bureau of Investigation and police detective, alleging that defendants violated his Fourth Amendment rights by exceeding the authorization of a search warrant when they executed the warrant in the middle of the night and used an unauthorized key to gain entry to his home without knocking or announcing their presence. The district court granted defendants' motion to dismiss. This court reversed in part, holding that plaintiff s claims were not barred by collateral estoppel arising out of a criminal trial court's ruling on plaintiff s motion to suppress evidence that was seized in his home. Citing Restatement of Judgments § 68, Comment n, the dissent argued that the majority erred in holding that the criminal court's finding that the timing of the search did not exceed the scope of the warrant was not necessary to resolve the motion to suppress. Jones v. Kirchner, 835 F.3d 74, 92. CHAPTER 4. EFFECT OF JUDGMENTS WITH REFERENCE TO PERSONS TOPIC 1. PARTIES AND PRIVIES § 80. Representative Capacity-Persons Acting as Fiduciaries Or.2016. Cit. in case cit. in disc. (general cite). In a dispute over plaintiff s entitlement to a prescriptive easement over defendants' property, this court held that plaintiff failed to establish adverse use under Oregon law. The court noted that Oregon law did not appear to follow Restatement of Property § 458, and cited its opinion in a prior unrelated case-that declined to follow Restatement of Judgments § 80 when the Restatement Second of Judgments was in the process of being drafted to reflect changes in the law-in noting that, although the court had referred to particular comments to § 458 in prior decisions, it had not necessarily endorsed all of that section's comments, and it was not constrained to ignore later developments in case law. Wels v. Hippe, 385 P.3d 1028, 1037. TOPIC 2. PERSONS NOT PARTIES OR PRIVIES § 93. General Rule A/X rLI For earlier citations, see the Appendices, Supplements, or Pocket Parts, if any, that correspond to the subject matter under examination.

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