Merrill Lynch, Pierce, Fenner & Smith, Inc. v. Randall

How later courts describe this case

• rejecting Colonel North's constitutional challenge to subpoena and affirming contempt order
• a plaintiff’s § 1983 claim for damages against police officer for injuries sustained in effecting arrest appropriately invokes fourth amendment protections against unreasonable use of force
• “When the plaintiff files a notice of dismissal [pursuant to Rule 41(a)(l)(i) ] ... the dismissal takes effect automatically: the trial judge has no role to play at all.”
• “Courts have almost never found that an ongoing investigation imposes a sufficient hardship on the person investigated to warrant judicial review prior to his or her indictment.”
• authorization under section 515(a) requires specific direction, not a “letter of authority”
• statement during the providence inquiry that prior to the killing victim hit the accused in the head with a toaster was not substantial indication accused acted from adequate provocation which might reduce murder to manslaughter