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202752P.pdf   07/23/2021  Dirk Sparks  v.  Matthew Shaver
   U.S. Court of Appeals Case No:  20-2752
   U.S. District Court for the District of South Dakota - Central   
[PUBLISHED] [Smith, Author, with Shepherd and Grasz, Circuit Judges] Civil case - Civil rights. In this action plaintiff sued the City of Pierre, South Dakota and one of its police officers under Section 1983 alleging a search warrant compelling his forced catheterization violated his Fourth Amendment rights; in the state criminal case which followed the search, plaintiff unsuccessfully challenged the admission of the evidence obtained under the warrant, and his motion to suppress was denied; plaintiff later pleaded nolo contendere to the criminal charges and did not appeal the suppression ruling. Held: the district court did not err in holding that plaintiff was collaterally estopped from re-litigating his claim because he had already litigated the Fourth Amendment issue before the South Dakota trial court in the criminal proceeding against him.