Category Archives: § 1983 / Bivens

W.D.Va.: § 1983 case over same search lost in state court is barred by Heck

Plaintiff’s § 1983 case is a replay of his search issue he lost in state court, so it’s barred by Heck v. Humphrey. Wells v. Martin, 2018 U.S. Dist. LEXIS 162564 (W.D. Va. Sep. 24, 2018). Because plaintiff’s decedent was … Continue reading

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CA3: Work email subpoena gets QI in § 1983 case; law still evolving. Kerr: Confusing?

A prosecutor and state investigator subpoenaed plaintiff’s work emails from Penn State. They get qualified immunity because there was no clearly established law that the subpoena was invalid. Plaintiff argues the evolving standards of the reasonable expectation of privacy in … Continue reading

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CA9: Police supervisor’s alleged after-the-fact acquiescence in an alleged illegal search isn’t a § 1983 claim

A police supervisor’s post-hoc alleged acquiescence that he didn’t participate in an alleged illegal search doesn’t state a claim against the supervisor. Hunt v. Davis, 2018 U.S. App. LEXIS 26265 (9th Cir. Sep. 17, 2018). The officers corroborated enough of … Continue reading

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CA11: Tasering elderly man suffering a severe hypoglycemic episode five times and while trying to comply was excessive

“Mr. Glasscox, [an apparently elderly man] who lives with Type 1 diabetes, suffered a severe hypoglycemic episode while driving his pickup truck on Interstate 59 South near the City of Argo, Alabama. His condition caused him to begin driving erratically. … Continue reading

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CA9: Search of backpack was inevitable either as SITA or booking

Defendant was booked on two misdemeanors, and his backpack was searched. If his backpack wasn’t subject to a search incident, it was subject to inevitable discovery for a search at booking. Also, for what it’s worth, defendant twice attempted to … Continue reading

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W.D.Va.: Stopping ptf for giving cop “the finger” violates clearly established 4A law

Stopping plaintiff merely for giving a police officer the finger violates clearly established Fourth Amendment law. Clark v. Coleman, 2018 U.S. Dist. LEXIS 136749 (W.D. Va. Aug. 14, 2018):

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W.D.Ky.: Facially valid arrest warrant not undermined by def’s claim he had an alibi for crime

Defendant argues that the execution of the arrest warrant on him in his own house was invalid because he had an alibi for the time of the crime. That’s not up to the executing officers. The warrant was facially valid. … Continue reading

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CA5: Franks violation states 4A claim with no qualified immunity

Defendant stated a Fourth Amendment claim for false arrest by a false affidavit for arrest, and the statute of limitations started to run on defendant’s acquittal. A Franks violation generally defeats qualified immunity. Winfrey v. Rogers, 2018 U.S. App. LEXIS … Continue reading

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CA7: Searching wrong apt on ambiguous SW (apt 1 where there were 1A & 1B) gets qualified immunity here

When the officer arrived at plaintiff’s address with a search warrant for apartment 1, he instead found apartments 1A and 1B. The officers attempted to clear up the ambiguity before the search, and they searched 1A finding nothing, and the … Continue reading

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CA9: Excessive search of car 20 years ago was relevant to show officer “would have taken any means necessary to secure” plaintiff’s wrongful conviction

Plaintiffs were actually innocent of murder and served 20 years in prison before securing habeas relief for knowing Brady violations. They sued the police officer responsible for their conviction for clear Brady violations in withholding exculpatory information. As a part … Continue reading

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CA4: Ptf’s 1983 claim a Stingray was used on him survives Heck bar

Plaintiff’s claim that he was the subject of unlawful surveillance with a Stingray survives a Heck challenge and can proceed. Marcantoni v. Bealefeld, 2018 U.S. App. LEXIS 22798 (4th Cir. Aug. 16, 2018):

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CA8: Ignoring exculpatory evidence before a child abuse seizure of children denies QI to officers

After the first round of discovery, officers who seized children from a home on a bizarre and unsubstantiated allegation from a sibling don’t yet get qualified immunity. “Thus, although the investigators went to the home with the intent to remove … Continue reading

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