Category Archives: § 1983 / Bivens

CA9: Nominal damages for 20 min detention supported by evidence

“A jury could reasonably find that the Kovacics suffered no actual damages from an unreasonable search of the home. See George v. City of Long Beach, 973 F.2d 706, 708-09 (9th Cir. 1992). Although Jared Kovacic was detained for 20 … Continue reading

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D.Md.: Officer gets QI for arresting person with same name but it turned out warrant was for far younger woman of different race

Plaintiff was legally blind but owned her car. She was a passenger in the back seat. After the vehicle was stopped, the officer found a warrant for a person with the same name as her. She protested she wasn’t the … Continue reading

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CA3: FTCA doesn’t apply to TSA screeners

TSA screeners are not “investigative or law enforcement officers” for purposes of the Federal Tort Claims Act. Therefore, they are covered by the discretionary function exemption. Pellegrino v. United States Transp. Sec. Admin., 2018 U.S. App. LEXIS 18821 (3d Cir. … Continue reading

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D.Ore.: Even if ptf’s 4A violated in stop at Portland airport, exclusionary rule doesn’t apply in § 1983 case

“First, even assuming that Flinn had no lawful basis to stop and talk to Plaintiff in the first place, Plaintiff’s argument is not viable in a § 1983 claim. In a 2016 Ninth Circuit case, the court noted that the … Continue reading

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CA5: Mass suspicionless strip search of a class of 6th grade girls was clearly unreasonable with a failure to train on policy that would have prevented it

“During a sixth-grade choir class, an assistant principal allegedly ordered a mass, suspicionless strip search of the underwear of twenty-two preteen girls. All agree the search violated the girls’ constitutional rights under Texas and federal law. Even so, the district … Continue reading

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CA10: A KS child welfare pick-up order was valid on its face in CO and didn’t need to be registered to satisfy 4A

A Kansas court issued a pick-up order for ten children from one family for various allegations. At the time the family was found, they were in Colorado, and the order was executed there. There was no statutory or constitutional duty … Continue reading

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CA7: Drug court staffers’ making arrests outside courthouse may have violated state law but were reasonable under 4A

In claims against a drug court out of control involving multi-month detentions for really short term ordered incarcerations, there was also a Fourth Amendment claim: Two drug court staffers, one a bailiff with no authority outside the courthouse, undertook to … Continue reading

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SD: Electronic signature on a SW application sent in to magistrate is valid as an oath

An electronic signature on a search warrant application is still an oath for an affidavit required under state law, and the motion to suppress was properly denied. State v. Bowers, 2018 SD 50 (June 27, 2018). Juvenile defendant was interrogated … Continue reading

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SCOTUS: Too many facts in dispute to grant QI dismissal on a claim of interference with right to pray after entry into the house; 4A claim revived after being waived

This pro se plaintiff alleged police came into her house for a complaint of her radio being too loud, and she was told to stop praying. The district court dismissed her First and Fourth Amendment claims for failure to state … Continue reading

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CA2: If excising the tainted information from the affidavit still leaves PC, the search stands

“When an application for a search warrant includes both tainted and untainted evidence, ‘the warrant may be upheld if the untainted evidence, standing alone, establishes probable cause.’” Excising the challenged information here still yields probable cause on the totality. United … Continue reading

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CA7: In the private search doctrine and QI, it’s not clearly established that the actors knowing each other isn’t enough

“But for purposes of official immunity, the question is whether existing law clearly establishes that a private search is treated as a governmental search when the public and private actors are friends and potential future coworkers.” It does not. There … Continue reading

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CA11: The officer received easily verifiable information that the tattoo on the suspect didn’t match the tattoos of the perpetrator; the arrest was without PC

Before the arrest the officer received easily verifiable exculpatory information from a witness, that the citizen’s single tattoo did not match the multiple tattoos visible on the perpetrator in the crime scene photograph that the officer showed the witness. Despite … Continue reading

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