Jack L. Brock v. Logan Cnty. Sheriff's Dep't of Arkansas, 3 F.3d 1215 (8th Cir. 1993). · Go Syfert
Jack L. Brock v. Logan Cnty. Sheriff's Dep't of Arkansas, 3 F.3d 1215 (8th Cir. 1993). Cases Citing This Book View Copy Cite
19 citation events (9 in the last 25 years) across 7 distinct courts.
Strongest positive: Phillips v. Rice (moed, 2023-09-06)
Top citers, strongest first. 16 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) Phillips v. Rice
E.D. Mo. · 2023 · signal: see also · quote attribution · 1 verbatim quote · confidence high
the remedy for the alleged miranda violation is the exclusion from evidence of any compelled self- incrimination, not a civil rights action
discussed Cited as authority (verbatim quote) Craig v. Plumb
E.D. Mo. · 2022 · quote attribution · 1 verbatim quote · confidence high
the remedy for the alleged miranda violation is the exclusion from evidence of any compelled self-incrimination, not a civil rights action
discussed Cited as authority (verbatim quote) Wilson v. Richmond Heights Police Department
E.D. Mo. · 2022 · quote attribution · 1 verbatim quote · confidence high
the remedy for the alleged miranda violation is the exclusion from evidence of any compelled self-incrimination, not a civil rights action
discussed Cited as authority (rule) Corey Williams v. Ricardo Garcia
C.D. Cal. · 2023 · confidence medium
The Ninth Circuit has established a four-factor test to 27 determine whether an act is legislative and therefore entitled to immunity: (1) “whether the act 28 involves ad hoc decisionmaking, or the formulation of policy”; (2) “whether the act applies to a few 13 Case 2:21-cv-08077-MEMF-PLA Document 45 Filed 02/17/23 Page 14 of 17 Page ID #:657 1 individuals, or to the public at large”; (3) “whether the act is formally legislative in character”; and 2 (4) “whether it bears all the hallmarks of traditional legislation.” Kaahumanu v. Cnty. of Maui, 315 3 F.3d 1215, 1220 (9th Cir. …
cited Cited as authority (rule) Terence Tekoh v. County of Los Angeles
9th Cir. · 2021 · confidence medium
Sheriff’s Dep’t, 3 F.3d 1215, 1217 (8th Cir. 1993) (per curiam)).
discussed Cited as authority (rule) Rose v. City of Mulberry, Arkansas
8th Cir. · 2008 · confidence medium
E.g., United States v. Belcher, 288 F.3d 1068, 1070 (8th Cir.2002) (holding that a violation of state law made the action presumptively unreasonable); Brock v. Logan *680 County Sheriff’s Dept., 3 F.3d 1215, 1216 (8th Cir.1993) (per curiam); Cole v. Neb.
discussed Cited as authority (rule) Thomas Rose v. City of Mulberry
8th Cir. · 2008 · confidence medium
E.g., United States v. Belcher, 288 F.3d 1068, 1070 (8th Cir. 2002) (holding that a violation of state law made the action presumptively unreasonable); Brock v. Logan County Sheriff’s Dept., 3 F.3d 1215, 1216 (8th Cir. 1993) (per curiam); Cole v. Neb.
discussed Cited as authority (rule) Tammy E. Neighbour v. Patrolman Michael Covert Patrolman Joseph Kenny and the Village of Cooperstown
2d Cir. · 1995 · confidence medium
Lucero v. *1511 Gunter, 17 F.3d 1347, 1350-51 (10th Cir.1994); Brock v. Logan County Sheriff’s Dep't, 3 F.3d 1215, 1217 (8th Cir.1993); Cooper v. Dupnik, 963 F.2d 1220, 1243 (9th Cir.1992), cert. denied, — U.S. -, 113 S.Ct. 407 , 121 L.Ed.2d 332 (1992); Warren v. City of Lincoln, 864 F.2d 1436, 1442 (8th Cir.), cert. denied, 490 U.S. 1091 , 109 S.Ct. 2431 , 104 L.Ed.2d 988 (1989).
discussed Cited as authority (rule) Juran v. Independence or Central School District 13J
D. Or. · 1995 · confidence medium
Warren v. City of Lincoln, Neb., 864 F.2d 1436, 1442 (8th Cir.1989) (“the remedy for a Miranda violation is the exclusion from evidence of any compelled self-incrimination, not a § 1983 action.”), cert. den., 490 U.S. 1091 , 109 S.Ct. 2431 , 104 L.Ed.2d 988 (1990); Brock v. Logan County Sheriffs Dept. of Arkansas, 3 F.3d 1215, 1217 (8th Cir.1993) (quoting Warren with approval).
examined Cited as authority (rule) Richard Eugene Abbott v. City of Crocker, Missouri James Stone (4×) also: Cited "see"
8th Cir. · 1994 · confidence medium
Bissonette v. Haig, 800 F.2d 812, 816 (8th Cir.1986), [Although "[a] search authorized by state law could still be constitutionally invalid, ... a search unauthorized by state law would ipso facto violate the Fourth Amendment."]; Cole v. Nebraska State Board of Parole, 997 F.2d 442, 444 (8th Cir.1993) ["An arrest by a state actor that is not authorized by state law is actionable under Sec. 1983 as a seizure contrary to the Fourth Amendment." (citing Bissonette) ]; Brock v. Logan County Sheriff's Department of Arkansas, 3 F.3d 1215, 1216 (8th Cir.1993) (per curiam) (citing Bissonette and Cole)
discussed Cited "see" Kevin Hannon v. John Sanner
8th Cir. · 2006 · signal: accord · confidence high
Section 1983 provides a civil action against persons who, under color of law, cause a “deprivation of any rights, privileges, or immunities secured by the Constitution and laws.” In considering whether a violation of the Miranda rule implicates “rights . . . secured by the Constitution” within the meaning of § 1983, we begin with our own precedent holding that because “[t]he reading of Miranda warnings is a procedural safeguard rather than a right arising out of the fifth -3- amendment itself, . . . the remedy for a Miranda violation is the exclusion from evidence of any compelled s…
discussed Cited "see" Kevin Terrance Hannon v. John Sanner Jeffrey Oxton, Will Brost Vicki Landwehr
8th Cir. · 2006 · signal: accord · confidence high
Section 1983 provides a civil action against persons who, under color of law, cause a “deprivation of any rights, privileges, or immunities secured by the Constitution and laws.” In considering whether a violation of the Miranda rule implicates “rights ... secured by the Constitution” within the meaning of § 1983, we begin with our own precedent holding that because “[t]he reading of Miranda warnings is a procedural safeguard rather than a right arising out of the fifth amendment itself, ... the remedy for a Miranda violation is the exclusion from evidence of any compelled self-incr…
cited Cited "see" Sammy L. Casey-El v. Petrofsky's Bakery
8th Cir. · 2000 · signal: see · confidence high
See Brock v. Logan County Sheriff’s Dep’t of Ark., 3 F.3d 1215, 1216 (8th Cir. 1993) (per curiam).
cited Cited "see" Carolyn LIDGE-MYRTIL, Appellant, v. DEERE & COMPANY, Doing Business as John Deere Company, Appellee
8th Cir. · 1995 · signal: see · confidence high
See Brock v. Logan County Sheriffs Dep’t of Ark., 3 F.3d 1215, 1216 (8th Cir.1993) (per curiam).
cited Cited "see" Keith Brown-El v. Charles Harris, Major Gary Tune, Chaplain
8th Cir. · 1994 · signal: see · confidence high
See Brock v. Logan County Sheriff’s Dep’t, 3 F.3d 1215, 1216 (8th Cir.1993) (per curiam).
discussed Cited "see, e.g." Cole v. United States
D. Neb. · 1995 · signal: see also · confidence medium
See also Brock v. Logan County Sheriffs Dep’t, 3 F.3d 1215, 1217 (8th Cir.1993) (“The remedy for the alleged Miranda violation is the exclusion from evidence of any compelled self-incrimination, not a civil rights action.”). 2.
Retrieving the full opinion text from the archive…
Jack L. BROCK, Appellant,
v.
LOGAN COUNTY SHERIFF’S DEPARTMENT OF ARKANSAS, Appellee
93-1339.
Court of Appeals for the Eighth Circuit.
Sep 7, 1993.
3 F.3d 1215
1993 U.S. App. LEXIS 22512
1993 WL 335043
Jack L. Brock, pro se., R. Barham, Paris, AR, for appellee.
McMillian, Hansen, Arnold.
Cited by 18 opinions  |  Published
1 passage pin-cited by 1 case
Pinpoint authority: bottom 68%
Citer courts: D. New Hampshire (1)
PER CURIAM.

Jack L. Brock, an Oklahoma inmate, appeals from the magistrate judge’s [1] grant of summary judgment in favor of defendant in his 42 U.S.C. § 1983 action. We affirm.

Brock sued the Logan County Sheriffs Department (Logan County) in Arkansas, alleging Logan County illegally arrested him in Arkansas on an Oklahoma warrant; the Logan County officer did not advise him of his right to an attorney and to a writ of habeas corpus; and the waiver of extradition proceeding violated the United States Constitution because it was held in a municipal court. Brock later filed a “brief in support of complaint,” raising additional claims about the warrant, the “waiver of extradition hearing,” and the failure to give Miranda rights. Logan County moved for summary judgment. After granting Brock the opportunity to respond, the magistrate judge granted summary judgment in favor of Logan County. Brock timely appealed.

Contrary to Brock’s assertion, his claims that the warrant was void on its face and that the proceeding was conducted in a private law office, without a court reporter and before a municipal judge, were not before the magistrate judge. Brock’s “brief in support of his complaint” did not amend his original complaint as of right. Brock neither filed his “brief’ before defendant’s answer nor moved to amend his complaint. See Fed.R.Civ.P. 15(a). Therefore, we do not consider these claims or the other claims Brock alleges for the first time on appeal as he has not shown that a manifest injustice will otherwise result. See Ryder v. Morris, 752 F.2d 327, 332 (8th Cir.), cert. denied, 471 U.S. 1126, 105 S.Ct. 2660, 86 L.Ed.2d 276 (1985).

We review de novo the grant of summary judgment on Brock’s remaining claims and examine the record in the light most favorable to Brock. See United States ex rel. Glass v. Medtronic, Inc., 957 F.2d 605, 607 (8th Cir.1992). We conclude the magistrate judge properly granted summary judgment on Brock’s remaining claims because Brock did not come forward with sufficient evidence to show that there remained a genuine issue of material fact. See Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 256, 106 S.Ct. 2505, 2514, 91 L.Ed.2d 202 (1986).

Brock contends his arrest was illegal, arguing that an Oklahoma warrant does not authorize arrest in Arkansas by Arkansas officials. We conclude that this may state a constitutional claim though it involves a question of state law. See Bissonette v. Haig, 800 F.2d 812, 815 (8th Cir.1986) (“Not only federal law, but also state law, can be relevant in determining what is reasonable under the Fourth Amendment.”) We have held that “[a]n arrest by a state actor that is not authorized by state law is actionable under § 1983 as a seizure contrary to the Fourth Amendment.” Cole v. Nebraska State Bd. of Parole, 997 F.2d 442, 444 (8th Cir.1993).

Brock’s claim, however, does not survive summary judgment. Under Arkansas[*1217] law, an ont-of-state warrant can furnish probable cause for an arrest, even if the officer does not have the warrant with him. See Woodall v. State, 260 Ark. 786, 543 S.W.2d 957, 958 (1976). The facts and law here demonstrate that the Oklahoma warrant served to provide the Arkansas officials with probable cause for arrest. Therefore, the arrest violated neither Arkansas law nor the Constitution.

The remedy for the alleged Miranda violation is the exclusion from evidence of any compelled self-incrimination, not a civil rights action. See Warren v. City of Lincoln, 864 F.2d 1436, 1442 (8th Cir.), cert. denied, 490 U.S. 1091, 109 S.Ct. 2431, 104 L.Ed.2d 988 (1989).

Accordingly, we affirm.

1

. The Honorable Beverly R. Stites, United States Magistrate Judge for the Western District of Arkansas, to whom the case was referred for final disposition by consent of the parties pursuant to 28 U.S.C. § 636(c).