Jimmie E. Cannon - Page 7




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          action was also that petitioner’s records had been wrongfully               
          seized.  On October 20, 1999, the bankruptcy court granted a                
          motion for summary judgment in favor of the former employee of              
          the INS.  The bankruptcy court ruled that petitioner’s                      
          “constitutional tort claim” would not stand because petitioner              
          (plaintiff in the bankruptcy adversary proceeding):                         
               plainly had available the remedies afforded in Rule 41                 
               of the Federal Rules of Criminal Procedure by which he                 
               could have challenged the search of the subject offices                
               and sought return of his property.  Plaintiff clearly                  
               knew the search occurred in 1988, because he was at the                
               site when it took place, and it would be inappropriate                 
               11 years after the fact to imply a private cause of                    
               action against Defendant when Plaintiff could have                     
               availed himself of the Rule 41 remedy at the time of                   
               the search.                                                            
          The bankruptcy court further held that the action was barred by             
          the statute of limitations and that the former INS employee                 
          should prevail on his claim of qualified immunity, stating:  “No            
          evidence was adduced in response to * * * [the former employee’s]           
          assertion that he did not provide any documents to the I.R.S.”              
          On June 26, 2000, petitioner’s adversary complaint against Nanni            
          was dismissed and closed.                                                   
                                       OPINION                                        
               Prior to trial of this case, petitioner’s strategy was to              
          refuse to cooperate with respondent and instead to pursue                   
          arguments, not raised in the pleadings, that respondent was                 
          somehow precluded from pursuing this case because of misconduct             
          in relation to the seizure of petitioner’s records in 1988.                 





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