Category Archives: Abstention

W.D.Ark.: 4A § 1983 case stayed under Younger for ptf to litigate in state court

“Here, Plaintiff seeks compensatory and punitive damages for his improper search, seizure, and entrapment claims. Plaintiff has not alleged he is prevented from bringing his ‘entrapment,” search and seizure claims in state court. Accordingly, it is appropriate, pursuant to the … Continue reading

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D.Mont.: § 1983 that Montana SWs can’t be executed on tribal lands barred by Younger

Plaintiff in Lewis & Clark County Jail sues under § 1983 that Montana search warrants can’t be executed on tribal lands. This claim is barred by Younger. Adams v. Baker, 2023 U.S. Dist. LEXIS 107569 (D. Mont. June 21, 2023).* … Continue reading

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CA3: Federal court should abstain from entering state court red-flag proceeding

Federal court should abstain under Younger from a state red-flag law proceeding to remove firearms from the plaintiff. Greco v. Bruck, 2021 U.S. App. LEXIS 33660 (3d Cir. Nov. 12, 2021). Defendant’s being in an alley known for druggies and … Continue reading

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W.D.Mich.: 1983 suit over state detention without bond barred by Younger abstention

Plaintiff detainee’s 1983 case he was being held without bond in a state prosecution is barred by Younger absention. Snowden v. Schipper, 2021 U.S. Dist. LEXIS 76275 (W.D. Mich. Apr. 20, 2021). “Viewing the evidence in the light most favorable … Continue reading

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N.D.Cal.: Exigency for entry fails; officers knew victim was not there

The emergency aid justification for a warrantless entry into defendant’s house in a domestic dispute wasn’t applicable because there no longer was an emergency. The victim was safe elsewhere and nobody was home. Also, the good faith exception wasn’t proved … Continue reading

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DC: Tacit approval for private search made it state action

Defendant was arrested in a rental car, and he claimed ownership of the bags in the trunk. The police gave tacit approval to the towing company employee’s search of the bags, thus making him an agent for the search. Fogg … Continue reading

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E.D.Ky.: Vehicle stop based on the state’s Automated Vehicle Information System was reasonable

A vehicle stop based on the state’s Automated Vehicle Information System was justifiable and reasonable. United States v. Lawson, 2020 U.S. Dist. LEXIS 198220 (E.D. Ky. Oct. 1, 2020). Plaintiff has the ability to litigate the search issues in state … Continue reading

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CA11: Without Carpenter having already been made retroactive, it can’t support a successor habeas

Without Carpenter having already been made retroactive, it can’t support a successor habeas. In re Toth, 2020 U.S. App. LEXIS 29956 (11th Cir. Sept. 18, 2020). The record supports the district court’s conclusion defendant consented to the search of his … Continue reading

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S.D.Cal.: 1983 suit against facts of detention barred by Younger abstention

Plaintiff’s claims in substantial part attack the facts of his current detention, and it’s barred by Younger abstention. Mondragon v. County of San Diego, 2020 U.S. Dist. LEXIS 155166 (S.D. Cal. Aug. 26, 2020)*:

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E.D.Wash.: Connecting seized cell phone to internet not a search

Connecting already seized cell phone to the internet was not shown to be a search (citing no law). United States v. Murray, 2020 U.S. Dist. LEXIS 136292 (E.D. Wash. July 2, 2020). 2255 claim that defense counsel was ineffective for … Continue reading

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WA: Private party returning property to def’s house per request was private searcher

The observations of a private person returning something to defendant’s dwelling for him were a private search. The police had nothing to do with it. State v. Lake, 2020 Wash. App. LEXIS 1925 (June 30, 2020).* Reasonable jurists would not … Continue reading

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W.D.Tex.: State officer’s alleged 4A violation doesn’t permit removal of criminal case to federal court

Defendants removed their state criminal cases to federal court under 28 U.S.C. § 1443 based on claimed search and seizure issues. This isn’t a proper ground to remove, and they have a state law remedy. Texas v. Calzada, 2020 U.S. … Continue reading

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ND: Parole search of cell phone after def incarcerated reasonable

The parole search of defendant’s cell phone after he was incarcerated was valid. Here, the officers had reasonable suspicion. (The court saves for another day whether such a search without reasonable suspicion would be valid.) State v. Powley, 2020 ND … Continue reading

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E.D.Pa.: FIPF is continuing offense and reasonable inference is firearm would be kept at home

Felon in possession of a firearm is a continuing offense, and it’s reasonable to infer defendant would keep the firearm he was suspected of having in his home. That’s sufficient for nexus. United States v. Golden, 2020 U.S. Dist. LEXIS … Continue reading

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N.D.Ohio: The clear potential for violence in a volatile domestic disturbance was a continuing exigency

The clear potential for violence in a volatile domestic disturbance was exigency. “As is evident from the video, the exigency did not terminate due to the passage of time or as a result of [Off.] Sosenko’s attempts to manage the … Continue reading

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CA11: § 1983 case can’t be used as substitute for state court appeal of a 4A claim

“Mr. Lynn does not raise a non-frivolous issue for appeal. Below, the District Court granted summary judgment to the defendant officers because it concluded Mr. Lynn’s Fourth Amendment claims were barred by the Rooker-Feldman doctrine. … [¶] The District Court … Continue reading

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S.D.Ga.: Bodycam video shows homeowner’s consent to entry over guest’s gun was voluntary

The owner of the house, captured on a bodycam video, consented to a search of the house for a firearm that defendant, an overnight guest, allegedly brought into the house. United States v. McRae, 2020 U.S. Dist. LEXIS 26680 (S.D. … Continue reading

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CA9: Sexual groping during a prison search states 4A excessive force claim

It was clearly established that groping a (transgender) woman during prison searches was unreasonable as excessive force. Goff v. Ramirez, 2020 U.S. App. LEXIS 4876 (9th Cir. Feb. 13, 2020). (The plaintiff being transgender had nothing to do with the … Continue reading

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CA6: FRCP 60(b) can’t be used to backdoor a successor habeas

Habeas petitioner’s attempt to use Rule 60(b) to attack the rejection of a Fourth Amendment claim was a backdoor successor habeas that doesn’t satisfy grounds for one. In re Henderson, 2020 U.S. App. LEXIS 4856 (6th Cir. Feb. 14, 2020)*:

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CA11: The Heck bar is to the cause of action; it isn’t jurisdictional

The Heck bar is to the cause of action; it isn’t jurisdictional. Teagan v. City of McDonough, 2020 U.S. App. LEXIS 4055 (11th Cir. Feb. 11, 2020):

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