Category Archives: § 1983 / Bivens

CA11: The Heck bar is to the cause of action; it isn’t jurisdictional

The Heck bar is to the cause of action; it isn’t jurisdictional. Teagan v. City of McDonough, 2020 U.S. App. LEXIS 4055 (11th Cir. Feb. 11, 2020):

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CA7: Shooting at car fleeing recklessly from detention was reasonable

Shooting at plaintiff’s car was reasonable when he refused to respond to officers who showed up for a shots fired call and then plaintiff fled squealing his tires. Smith v. Adams, 2020 U.S. App. LEXIS 4066 (7th Cir. Feb. 11, … Continue reading

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CA9: Juvenile detainee’s sexual harassment by guard stated a 14A claim; 4A not raised, and it likely could have been

Sexual harassment of a juvenile detainee stated a violation of the inmate’s right to privacy and bodily integrity under the Fourteenth Amendment. (A Fourth Amendment claim was not raised which the court notes could have been. n.6, below.) Vazquez v. … Continue reading

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IA: Navigable waters belong to the state, no matter who owns the bottom land; stop was based on RS

Defendant claims his stop for boating under the influence wasn’t valid under the Fourth Amendment and Iowa Constitution because the body of water sat over private lands. Navigable waters belong to the state, and the officer had reasonable suspicion to … Continue reading

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CA11: 49 days for presentment to a USMJ after arrest on the high seas of a foreign national wasn’t unreasonable

“In this drug trafficking case under the MDLEA, we too must follow Verdugo-Urquidez and conclude that defendant Guagua-Alarcon, who is a non U.S. citizen and non-U.S. resident, and who has no significant connection to the United States, cannot challenge under … Continue reading

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CA7: Ptf’s suit for arrest for possession and obstruction was barred by arguable PC

Plaintiff was arrested for possession of cocaine and obstructing justice when he allegedly swallowed the baggie of drugs. He was taken to a hospital and drank charcoal and other liquids to pass it and he was x-rayed. Nothing was recovered. … Continue reading

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CA9: Vacated and dismissed case on post-conviction doesn’t invoke Heck bar

Three men convicted in Alaska state court got their convictions vacated and dismissed when someone else confessed to the crime. The lack of a criminal judgment rendered the Heck bar inapplicable. Roberts v. City of Fairbanks, 2020 U.S. App. LEXIS … Continue reading

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S.C.: Franks violation can support a § 1983 claim

A Franks violation can support a § 1983 claim. Manuel v. City of Joliet, Ill., 137 S. Ct. 911, 919 (2017). Carter v. Bryant, 2020 S.C. App. LEXIS 6 (Jan. 15, 2020). The arresting officers were entitled to qualified immunity … Continue reading

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D.Utah: Defendant in prior dismissed federal action by state consumer protection agency refiled in state court won’t prevent state from using evidence obtained for that action

The state sued in federal court for relief, and it got a TRO, but the claim was later dismissed. Copies of records were made and originals returned. After the state sued in state court, the defendants sought application of the … Continue reading

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CA7: Handcuffing winded obese man behind his back led to death because of unknown heart condition; not excessive force

Plaintiff’s decedent was in a foot chase with officers after a shoplifting incident. He was winded, obese, and, unknown to officers, had a heart condition. He was handcuffed behind his back and died from lack of oxygen in his blood. … Continue reading

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D.Utah: Unlatching but not opening car door to look inside then shutting it was attenuated from dog sniff that gave PC

Officers unlatched the door of a suspicious car parked on an cul-de-sac away from houses, and the car was suspected of a theft from a Sam’s store. The door was shut without looking inside and then a drug dog was … Continue reading

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CA6: Without RS, two officers get no QI, but another acting at their request does

Three officers were involved in defendant’s stop. Two were involved in the decision to stop, but, based on the factual dispute in the record, they do not get qualified immunity on the decision to make the stop. The third officer, … Continue reading

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