Category Archives: § 1983 / Bivens

N.D.Ill.: Ptf adequately pled that def officers used SWs as excuse to commit theft and robberies of search targets

Plaintiff adequately pled that defendant officers, members of CPD Team 6713, were engaged in a theft and robbery ring where they used bogus and apparently real search warrants to rob their victims. Motion to dismiss for failing to state a … Continue reading

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CA7: Franks is settled law, and false statements to procure arrest warrant denied qualified immunity

Plaintiff stated a Franks claim that his arrest warrant was based on false evidence and omitted exculpatory evidence. The officer is denied qualified immunity. Rainsberger v. Benner, 17 2521 (7th Cir. Jan. 15, 2019):

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SCOTUS: In QI in excessive force cases, a “clearly established” right needs to be defined with specificity

In confronting qualified immunity in excessive force cases, a “clearly established” right needs to be defined with specificity. City of Escondido v. Emmons, 17-1660 (U.S. Jan. 7, 2019) (per curiam) [pdf at 27]:

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VT: No sovereign immunity for flagrant search and seizure violations; implied right of action under state constitution

“¶ 84. In sum, we conclude that a direct private right of action for damages based on alleged flagrant violations of Article 11 is available against the State. The common law doctrine of sovereign immunity does not preclude such an … Continue reading

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CA10: Photographing partially undressed child at school for suspected child abuse gets QI

A state case worker who photographed a partially unclothed child at school gets qualified immunity for a special needs search of the child. No SCOTUS or circuit case says that the special needs doctrine does or does not apply here. … Continue reading

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W.D.Pa.: Asst prosecutors at an investigation don’t get immunity for 4A violation they observed and allegedly condoned

Assistant prosecutors involved in an investigation do not get prosecutorial immunity for silence in the face of an alleged Fourth Amendment violation in their presence they allegedly condone. Fogle v. Pa. State Police, 2018 U.S. Dist. LEXIS 217701 (W.D. Pa. … Continue reading

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San Bernardino County Sun: San Bernardino County settles for $390000 with families of girls arrested to ‘teach them a lesson’

San Bernardino County Sun: San Bernardino County settles for $390000 with families of girls arrested to ‘teach them a lesson’. The case: CA9: School resource officer’s arrest of alleged bullying middle school girls ‘to prove a point’ and ‘make [them] … Continue reading

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CA1: QI in excessive force shooting case; brief cases of reasonableness weren’t helpful

The grant of qualified immunity to the officer shooting defendant during execution of a warrant was not contrary to clearly established law. Comparing cases that show the use of deadly force was reasonable; however, isn’t helpful where excessive force is … Continue reading

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CA7: State law right of privacy as to another prison inmate isn’t within the 4A

On appeal from 1915A screening, plaintiff does not a show a Fourth Amendment claim to be free from other inmates stealing his stuff. Here it was letters from his girlfriend by his former cellie then the cellie wrote to her … Continue reading

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CA11: Supported claim of false testimony to frame ptf satisfied pleading requirement of § 1915A(b)(1)

Pro se inmate’s request to amend his complaint that he was framed with false testimony from an officer to get search warrant, corroborated by action by the state’s attorney, stated enough to get over the pleading hurdle of 28 U.S.C. … Continue reading

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CA6: § 1983 claim over search that led to conviction barred by Heck while excessive force claim not

Plaintiff filed a 1983 claim against the officers who searched his place while his criminal appeal was pending. The illegal search claim is barred by Heck v. Humphrey because it implies the invalidity of the conviction. His excessive force claim, … Continue reading

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CA3: Statute of limitations is from the search, not when a court holds it unreasonable

The statute of limitations for an illegal search is from when it happens, not when a court declares it unreasonable. Nguyen v. Pennsylvania, 2018 U.S. App. LEXIS 28524 (3d Cir. Oct. 10, 2018). Off topic but important: “Egregious” Brady and … Continue reading

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