Category Archives: § 1983 / Bivens

WV Gazette: Officers found his $25K of heroin. He walked free, and now he’s suing police [for raiding the wrong house]

WV Gazette: Officers found his $25K of heroin. He walked free, and now he’s suing police by Jake Zuckerman. Police raided a house after falsely stating that one Figueroa lived there and made several drug deals. It was the wrong … Continue reading

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CA9: Seven hour arrest and detention of decedent’s wife as witness to a police shooting was unreasonable under clearly established law

Plaintiff’s husband was shot by sheriff’s deputies and killed and she was arrested as a material witness, taken away, and held for seven hours–four before any questioning. This was unreasonable under Maxwell v. County of San Diego, 708 F.3d 1075, … Continue reading

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CA5: “Legal process” for false arrest starts with the first appearance before a judge, not on actual arrest

A felony arrest without a warrant on probable cause is reasonable under the Fourth Amendment. “Legal process” doesn’t “kick in” until the first appearance before a judge or a warrant is prepared for statute of limitations purposes. [This is important … Continue reading

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CA7: USDC misapplies Heck by assuming challenged search was reasonable

The district court misapplied the Heck doctrine by assuming the search of plaintiff’s car was reasonable. The real question is whether the suit is to challenge the legality of the search. “On remand, the judge will need to resolve the … Continue reading

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CA11: Ptf’s excessive force claim overcomes QI; his facts show clearly established law violated

Defendants were properly denied qualified immunity in using excessive force to arrest plaintiff. Plaintiff’s version of the facts showed clearly established rights were violated. Heck v. Humphrey didn’t apply because plaintiff wasn’t seeking to attack his conviction. Cendan v. Trujillo, … Continue reading

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CA7: Ptf’s $1 verdict for illegal search after successful suppression affirmed; what is proximate cause?

Plaintiff’s 1983 claim for illegal search which resulted in suppression in state court resulted in a $1 verdict. A fascinating opinion on proximate cause of damages and a Fourth and Fifth Amendment violation which is worth the read for future … Continue reading

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S.D.Ga.: Suspicionless probation search condition doesn’t need to be part of the sentencing order to be valid

Defendant was properly subject to a suspicionless state probation condition. He had no right to have it announced in court as a part of the sentence. It occurs by operation of law. United States v. Linder, 2019 U.S. Dist. LEXIS … Continue reading

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S.D.Miss.: Govt plans to file forfeiture so motion for return of cash denied

Claimant business’s motion for return of $895k from its bank account under Rule 41(g) is denied for lack of irreparable harm, based also on the government’s representation it’s going to attempt forfeiture. “Turning to the fourth factor, the Court finds … Continue reading

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MD: Daylight strip search on the side of highway was unreasonable

“The non-exigent visual inspection of the genital area of a person suspected of concealing controlled dangerous substances, in daylight, while the person stood between two police cruisers with emergency lights flashing, along the shoulder of an interstate highway, as moderate … Continue reading

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CA6: Ptf arrested for a police parody Facebook page has much of case survive QI on retaliatory arrest

Plaintiff made a parody Facebook page of the Parma Police Department which ultimately led to his arrest for impeding police operations because the Parma Police had to field 12 minutes of phone calls over which was the real Facebook page. … Continue reading

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CA1: Police chief’s order to officer to turn over cellphone and home phone records not a constitutional violation under third-party doctrine; chief gets qualified immunity

Plaintiff is a police officer, and the chief ordered production of his cell phone and home phone records in an internal investigation. The chief gets qualified immunity because of the third party doctrine. Those records were obtainable by subpoena from … Continue reading

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CA9: Use of tear gas to enter house, even where consent given, was not clearly unreasonable considering a dangerous, potentially armed, and suicidal felon was barricaded inside

“The panel held that assuming the consent was voluntary and defendants exceeded the scope of the consent by shooting tear gas into the house, they were still entitled to qualified immunity. The panel held that given that defendants thought they … Continue reading

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