Category Archives: § 1983 / Bivens

CA5: Revd for failure to determine “clearly established law” for QI

“Both parties and the district court failed to address qualified immunity’s second question. The district court did not consider whether Defendants’ conduct—even assuming it violated the Fourth Amendment—violated clearly established law. See Morrow, 917 F.3d at 874. McDonald points to … Continue reading

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CA11: Officers get QI for stop of apparent burglars

The defendant officers’ actions were justified and subject to qualified immunity. They were patrolling an area known for daytime burglaries and saw plaintiff lurking along the side of homes and stopped to inquire and found that one house was open. … Continue reading

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D.Conn.: Ptf’s § 1983 case over his search that led to his conviction is barred by Heck

Plaintiff’s suit against his search and seizure that led to his conviction is barred by Heck v. Humphrey. “The appropriate vehicle for such a challenge is not § 1983 litigation, but direct or collateral appeal.” Gonzalez v. Yepes, 2019 U.S. … Continue reading

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LA3: State showed abandonment of car at hearing even though trial court decided on other grounds

The state argued and showed abandonment, but the trial court didn’t decide it. On appeal, the court finds that defendant abandoned his car after a police chase and he bailed out of the car and ran. State v. Guidry, 2019 … Continue reading

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CA8: Lack of knock-and-announce for parole search gets QI despite fact no case says it’s lawful; no “robust consensus of cases of persuasive authority”

Plaintiff absconded parolee was subjected to an unannounced entry into his hotel room about 6 am for a parole search. He was in bed with his girlfriend and a gun. The Arkansas Supreme Court held the entry violated the Fourth … Continue reading

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D.Ariz.: FTCA doesn’t provide a damages remedy for how SW executed

FTCA doesn’t provide a damages remedy for how a search warrant is executed. Lopez v. United States, 2019 U.S. Dist. LEXIS 102516 (D. Ariz. June 19, 2019) The officer’s body camera video showed one of the passengers wasn’t wearing a … Continue reading

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E.D.Mich.: Jones didn’t alter the automobile exception

The automobile exception is intact as it always was, and Jones didn’t do anything to change the calculus. United States v. Lee, 2019 U.S. Dist. LEXIS 99900 (E.D. Mich. June 14, 2019). The government proved that it would have otherwise … Continue reading

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CA6: No QI immunity in an alleged unreasonable opposite sex strip search at jail with alleged unreasonable touching

Plaintiff overcame qualified immunity in her suit against five male jailers who stripped searched her and allegedly touched her genitalia and breasts when she was nude in wrestling her on the floor at book-in. Because of a spit mask they … Continue reading

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CA6: No QI for a baseless stop, strip search, and body cavity search and then tightening handcuffs for ptf’s complaining about his treatment

The officer gets no qualified immunity in his interlocutory appeal. On the complaint, plaintiff stated a claim that his stop was not objectively reasonable in the first place. A police dog was put into plaintiff’s vehicle, then it was searched … Continue reading

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S.D.Fla.: Govt had objective good faith belief def consented to search through his lawyer

The government had an objective good faith belief that the defendant in jail consented to a search of a storage unit through his lawyer. The lawyer was asked about whether the officers could have consent or get a search warrant, … Continue reading

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CA7: § 1983 4A ptf doesn’t have to plead around qualified immunity; ptf clearly overcame it anyway

The district court erred in finding for officers who conducted a warrantless search of plaintiff’s house. It was not her burden to plead around qualified immunity—it was the defendant’s burden to show qualified immunity. “It was clearly established in October … Continue reading

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Cert. granted: Hernández v. Mesa: Whether the cross-border murder of a Mexican citizen states a Bivens claim

Cert. granted: Hernández v. Mesa, No. 17-1678 (ScotusBlog) Issue: Whether, when the plaintiffs plausibly allege that a rogue federal law-enforcement officer violated clearly established Fourth and Fifth amendment rights for which there is no alternative legal remedy, the federal courts … Continue reading

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