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Carlos and Juan, two Hispanic NELB law students, are driving on Storrow Drive. A Boston Police officer, without a warrant or probable cause and not observing any operating or vehicular violations, but suspecting drug dealing due to the ethnicity of the occupants, stops the car, orders both occupants out of the vehicle. The officer then extensively searches both the vehicle and Carlos and Juan. Finding nothing, the officer lets Carlos and Juan leave.
A. The Massachusetts state civil rights law provides a remedy for any damages done to Carlos and/or Juan. Carlos and Juan, however, want to make a federal case out of this. They file a Section 1983 action against the police officer and the City of Boston in the federal court. What problems might Carlos and Juan confront? Please discuss.
B. What if the federal judge issues an initial order dismissing this case and saying: “This court hereby abstains from taking jurisdiction of this matter. After all, the plaintiffs can recover their damages by filing suit in state court and using state law”? Is this proper? Please discuss.
