Category Archives: § 1983 / Bivens

TX2: Def not entitled to name of CI to get SW

Defendant wasn’t entitled to the name of the CI because the CI was only used to get the search warrant and wasn’t a witness in the state’s case in chief. Coleman v. State, 2019 Tex. App. LEXIS 3802 (2d Dist. … Continue reading

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AR: Driver couldn’t consent to search of objecting passenger’s stuff

The owner of the car was in it but not driving, and she consented to a search of her car. A passenger in the car refused consent for her personal belongings also in the car. The passenger had the ability … Continue reading

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N.D.Okla.: Merely stating affidavit for SW was “false and misleading” doesn’t state a § 1983 civil Franks claim.

Merely stating that an affidavit for search warrant was “false and misleading” doesn’t state a § 1983 civil Franks claim. Affordable Bail Bonds v. Tulsa County Sheriff’s Office, 2019 U.S. Dist. LEXIS 75411 (N.D. Okla. May 3, 2019). The respondent … Continue reading

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D.Colo.: MMJ facility subject to IRS summons for back taxes can’t show summons was unreasonable

Petitioner is a medical marijuana facility under investigation by the IRS for selling product in violation of state law and not paying the taxes on it. (This was for tax years pre-recreational sales.) The IRS showed that the summonses were … Continue reading

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CA10: QI properly granted in homeowner’s 4A claim against officer executing arrest warrant for another

The district court properly granted qualified immunity to a trailer resident’s Fourth Amendment claims against a deputy sheriff stemming from a search and seizure conducted while executing an arrest warrant for a guest staying in the trailer. The law was … Continue reading

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S.D.Fla.: Younger abstention bars a § 1983 case over the search of plaintiff while the state criminal case is pending

Younger abstention bars a § 1983 case over the search of plaintiff while the state criminal case is pending. Ford v. Brookins, 2019 U.S. Dist. LEXIS 66694 (S.D. Fla. Apr. 19, 2019). Qualified immunity was properly denied based on the … Continue reading

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CA5: QI granted officer who detained business owner for 4 hrs for civil violation

Detaining a business owner for four hours for civil violations and pulling a gun wasn’t clearly established as a Fourth Amendment violation, so the officer gets [away with it by getting] qualified immunity. Okorie v. Crawford, 2019 U.S. App. LEXIS … Continue reading

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ScotusBlog: Argument preview: Searching for an accrual rule when the government fabricates evidence in a criminal proceeding

ScotusBlog: Argument preview: Searching for an accrual rule when the government fabricates evidence in a criminal proceeding by Howard M. Wasserman: McDonough v. Smith, to be argued on April 17, offers the Supreme Court another opportunity to clarify when civil-rights … Continue reading

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DE: Nolo plea after suppression denied was collateral estoppel to civil case over search

Plaintiff’s nolo plea after his motion to suppress was denied was collateral estoppel to his civil case over the arrest involving the same issue. Rogers v. Morgan, 2019 Del. LEXIS 160 (Apr. 2, 2019). When the officer asked for consent … Continue reading

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Techdirt: Appeals Court Says It’s OK For Cops To Steal Stuff From Citizens

Techdirt: Appeals Court Says It’s OK For Cops To Steal Stuff From Citizens by Tim Cushing:

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W.D.Va.: Proving the Heck bar requires defs to put copies of underlying documents into the record

Defendants don’t get the benefit of a Heck bar without putting the papers of the underlying case into evidence. “As stated, court records online indicate that two felony drug charges have been dismissed. Without copies of relevant court documents and … Continue reading

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E.D.N.Y.: Govt’s possession of cell phone for nine months waiting to decrypt password isn’t unreasonable

Defendant’s phone has been in the hands of the government for many months, but defendant refused to provide the password to access the phone. That justifies the delay in the government accessing the phone. The motion for return of property … Continue reading

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