Category Archives: § 1983 / Bivens

CA7: Trying and losing a 4A claim in state court precludes § 1983 case over same issue

Plaintiff was arrested for drunk driving and convicted in local court after raising his Fourth Amendment claim there. He sued everybody involved in his arrest. The court finds him precluded from relitigating it in federal court under § 1983. Novotny … Continue reading

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D.N.J.: US can’t be sued under Bivens

Plaintiff can’t bring a Fourth Amendment Bivens claim against the United States because of sovereign immunity. There is always FTCA, but it has prerequisites. Leave to amend granted. Whitaker v. United States, 2019 U.S. Dist. LEXIS 188071 (D. N.J. Oct. … Continue reading

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CA11: Factual dispute as to where misd arrest occurred, in the house or out, denies QI; it appears force used was excessive

Arguable probable cause supported plaintiff’s misdemeanor arrest, but there is a factual dispute denying qualified immunity to the officers of where exactly the arrest started and how it ended up indoors. That remains for trial. The complaint also survives on … Continue reading

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CA11: RS supported a protective sweep for def after a police foot chase and officers having reason to believe he could have doubled back to the hotel room from where he started

Defendant discovered he was under surveillance at his motel and he fled. Officers came back to his room in 10 minutes, and seeing his car entered his room thinking he had doubled back. He did not abandon his privacy interest … Continue reading

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CA10: When the police destroy your house in aid of the police power because of a barricaded suspect, it’s not a taking under the 5A

When the police destroy your house in aid of the police power because of a barricaded suspect, it’s not a taking under the Fifth Amendment. [The Fourth Amendment is not cited.] Lech v. Jackson, 2019 U.S. App. LEXIS 32393 (10th … Continue reading

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CA7: Police officers who obtained def’s blood work from a hospital under an Indiana statute didn’t violate the 4A

Plaintiff sued under § 1983 because police got his blood work from the hospital albeit under Indiana statute. “We turn next to Stewart’s Fourth Amendment claim. The district court entered summary judgment for the defendant police officers on the basis … Continue reading

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CA5: Franks doesn’t neatly apply to § 1983 because the question there is just probable cause

Plaintiff was arrested for capital murder based on an affidavit for arrest that omitted serious doubts about the eyewitness’s identification. Later, the charge was dropped, and plaintiff sued the affiant for a “civil Franks violation.” Franks doesn’t neatly apply in … Continue reading

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CA11: PC or not, the warrantless entry to arrest ptf violated the 4A

The parties got into an argument, and plaintiff went back into his house. The defendant came in after him. “Without deciding whether Bailey’s arrest was supported by probable cause—or, as it goes in the qualified-immunity context, ‘arguable probable cause’—we reverse. … Continue reading

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CA6: One prior excessive force claim isn’t pattern and practice in a § 1983 case

One other excessive force claim investigated by the City is not evidence of pattern and practice or failure to train. Stewart v. City of Memphis, 2019 U.S. App. LEXIS 30491 (6th Cir. Oct. 11, 2019).* Defendant’s successor 2255 also raises … Continue reading

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CA6: Merely alleging pat-down search was done “without a legitimate reason” doesn’t state a 4A claim; more required

“Merely alleging that Jones’ conducting pat-down searches ‘without a legitimate reason’ is insufficient to state a plausible claim of a Fourth Amendment violation. Under the Fourth Amendment, ‘[t]he touchstone of whether a given search or seizure is reasonable is whether … Continue reading

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CA11: Ptf arrested on incorrect computer entry had 4A rights violated, but defs get QI

Plaintiff paid his fine for a speeding ticket and that was to avoid probation. The probation officer was in court and heard all that. Some clerk, however, entered into the computer system that he was on probation. Plaintiff was later … Continue reading

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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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