Category Archives: Qualified immunity

KY: After DL found suspended, stop can be extended

When defendant was stopped and found to have a suspended license, the normal incidents of a traffic stop are accordingly extended, and that didn’t make waiting for a drug dog unreasonable. Olmeda v. Commonwealth, 2020 Ky. App. LEXIS 40 (Apr. … Continue reading

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E.D.Ky.: Failure to present issue before USMJ waives it

Defendant’s new issue of lack of consent wasn’t presented before the USMJ, so it can’t be raised in the objections. United States v. Allen, 2020 U.S. Dist. LEXIS 57604 (E.D. Ky. Apr. 2, 2020). “Hunt has not shown that Glenn … Continue reading

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CA6: Social workers’ in-school interviews of children violated 4A, but law not clearly established

Social workers’ in-school interviews of children of a parent who tested positive for drugs violated the Fourth Amendment, but they get qualified immunity because no case holds what they did was clearly established. Schulkers v. Kammer, 2020 U.S. App. LEXIS … Continue reading

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CA9: Use of force against autistic person posing no threat was excessive

Qualified immunity was properly denied the officer on plaintiff’s claim that the officer was alleged to have used excessive force. After seeing that plaintiff was holding only a string and certainly after learning that he was autistic, no officer of … Continue reading

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CA8 dissent from rehearing en banc: Panel misapplied qualified immunity on use of Taser

Two judges of the Eighth Circuit dissented from denial of rehearing en banc of 944 F.3d 704 (8th Cir. Ark. Dec. 3, 2019) that the panel misapplied qualified immunity. Jackson v. Stair, 2020 U.S. App. LEXIS 9540 (8th Cir. Mar. … Continue reading

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Cal.3: The evidence supports the conclusion that def consented to his blood draw

Substantial evidence supported the finding that defendant consented to his blood draw. After the officer instructed her that the implied consent law required her to undergo a blood draw, defendant did not object or refuse to undergo the test, did … Continue reading

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S.D.Ga.: There is no per se staleness, and how is DNA stale?

There is no per se staleness. A new warrant for defendant’s DNA alleging it was previously drawn in 2005 and 2007 and matched wasn’t stale. How does DNA change? It doesn’t. United States v. Williams, 2020 U.S. Dist. LEXIS 38735 … Continue reading

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N.D.Ohio: Controlled buy is PC; CI’s alleged lie isn’t Franks issue

A controlled buy was probable cause. The claim that the CI lied isn’t cognizable under Franks. United States v. Sheridan, 2020 U.S. Dist. LEXIS 36163 (N.D. Ohio. Mar. 3, 2020). There were disputed questions of fact on whether it was … Continue reading

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CA6: Shooting a teenager who pulled a toy gun on an officer for 2 seconds still has QI

The officer here shot a teenage boy who had a toy gun on him that looked real. He reached for it and dropped it, but reaching for it and pulling it out, even for two seconds before dropping it, was … Continue reading

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CA10: Shooting a person fleeing a shooting scene without determining he was the shooter might have been unreasonable, but right not to be shot in this situation not clearly established (Really)

In a § 1983 Fourth Amendment excessive force suit, officers heard a gun shot and saw people running as a crowd left a concert. They shot and killed the decedent, and a jury could conclude that the officers unreasonably determined … Continue reading

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CA9: Ptf stated claim for SSA CID’s unlawful entry into home

Plaintiff’s civil claim against Social Security Administration’s CID and local investigators stated a claim for unlawful entry into her home in a criminal investigation. Anh Tuyet Thai v. Saul, 2020 U.S. App. LEXIS 5425 (9th Cir. Feb. 19, 2020).* Plaintiff … Continue reading

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CA1: Alleged overseizure of email under SW would only require partial suppression; def doesn’t identify that which was overseized

Defendant’s motion to suppress electronic data acquired by a Rule 41(e)(2)(B) search warrant on his email account was properly denied. Based on the absence of a time limit in the warrant, it was not unreasonable to interpret the warrant to … Continue reading

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