Category Archives: § 1983 / Bivens

E.D.Pa.: Exposure to Covid-19 in prison doesn’t state a 4A or 8A claim

Exposure to Covid-19 in prison didn’t state a Fourth or Eighth Amendment claim. Dingle v. Tommage, 2024 U.S. Dist. LEXIS 124710 (E.D. Pa. July 16, 2024). Defendant was driving with a suspended license, and WVSP protocol dictated impoundment of the … Continue reading

Posted in § 1983 / Bivens, Excessive force, Inventory, Issue preclusion, Prison and jail searches | Comments Off on E.D.Pa.: Exposure to Covid-19 in prison doesn’t state a 4A or 8A claim

CA3: No per se irreparable injury from 4A violation

The Third Circuit does not find per se irreparable injury from a Fourth Amendment violation, recognizing a conflict in the circuits. Del. State Sportsmen’s Ass’n v. Del. Dep’t of Safety & Homeland Sec., 2024 U.S. App. LEXIS 17214 (3d Cir. … Continue reading

Posted in § 1983 / Bivens, Franks doctrine | Comments Off on CA3: No per se irreparable injury from 4A violation

CA2: Excessive force claims are new under Bivens and can’t be brought

Excessive force claims are new for Bivens, and rejected. Here, it was his restraint in a courtroom by US Marshals and CSOs. Edwards v. Gizzi, 2024 U.S. App. LEXIS 17100 (2d Cir. July 12, 2024). Plaintiff was shot in the … Continue reading

Posted in § 1983 / Bivens, Excessive force, Qualified immunity | Comments Off on CA2: Excessive force claims are new under Bivens and can’t be brought

CA7: Police officer target of a cell phone SW stated state law claim for intrusion on seclusion for searchers leaking intimate photos of her

Plaintiff was a Joliet police officer. A search warrant was issued for her phone, and she was concerned there were intimate photos of her. The city and officers get qualified immunity for the search itself, but she states a state … Continue reading

Posted in § 1983 / Bivens, Anticipatory warrant, Police misconduct, Private search, Waiver, Warrant execution | Comments Off on CA7: Police officer target of a cell phone SW stated state law claim for intrusion on seclusion for searchers leaking intimate photos of her

CA9: 4A claim of manufactured PC is a new form of Bivens claim and is barred

Plaintiff’s complaint against DHS that agents fabricated probable cause to have him prosecuted is a new form of claim Bivens will not recognize. Sheikh v. U.S. Dep’t of Homeland Sec., 2024 U.S. App. LEXIS 16441 (9th Cir. July 5, 2024). … Continue reading

Posted in § 1983 / Bivens, Computer and cloud searches, Informant hearsay, Standing | Comments Off on CA9: 4A claim of manufactured PC is a new form of Bivens claim and is barred

D.N.J.: Car leasing company had no 4A claim to car’s lawful impoundment, despite not knowing for 11 months

Honda leased a car that was impounded and towed from the driver because it was unlicensed. Eleven months later Honda located the car and there were thousands of accumulated fees. Honda sued under § 1983. The initial seizure was valid … Continue reading

Posted in § 1983 / Bivens, Community caretaking function, Reasonable suspicion, Waiver | Comments Off on D.N.J.: Car leasing company had no 4A claim to car’s lawful impoundment, despite not knowing for 11 months

SCOTUS: ““The presence of probable cause for one charge in a criminal proceeding does not categorically defeat a Fourth Amendment malicious-prosecution claim relating to another, baseless charge.”

“The presence of probable cause for one charge in a criminal proceeding does not categorically defeat a Fourth Amendment malicious-prosecution claim relating to another, baseless charge. The parties, and the United States as amicus curiae, all agree with this conclusion, … Continue reading

Posted in § 1983 / Bivens, Arrest or entry on arrest | Comments Off on SCOTUS: ““The presence of probable cause for one charge in a criminal proceeding does not categorically defeat a Fourth Amendment malicious-prosecution claim relating to another, baseless charge.”

CA11: Officers participating in violation of 4A can be sued, too

“Marglli Gallego brought this 42 U.S.C. § 1983 action against four police officers. She alleged that two of those officers—whom we’ll call the ‘off-duty officers’—unreasonably seized her in violation of the Fourth Amendment. And she alleged that the other two … Continue reading

Posted in § 1983 / Bivens, Excessive force, Qualified immunity | Comments Off on CA11: Officers participating in violation of 4A can be sued, too

E.D.Wis.: Cross-gender strip search with transgender guard not “clearly established” for QI purposes

Plaintiff’s claim of a cross-gender jail strip search with a transgender guard was not clearly established at the time it happened, so the claim is barred by qualified immunity. West v. Eckstein, 2024 U.S. Dist. LEXIS 104294 (E.D. Wis. June … Continue reading

Posted in § 1983 / Bivens, Arrest or entry on arrest, Qualified immunity, Strip search | Comments Off on E.D.Wis.: Cross-gender strip search with transgender guard not “clearly established” for QI purposes

E.D.Ky.: Mere school employee conduct search of coworker’s purse not “state actors” for § 1983

A couple of school employees who suspected another of being under the influence of prescription medications searched her purse. They were not “state actors” for § 1983. As school employees, they had a heightened duty to protect the children. Lawson … Continue reading

Posted in § 1983 / Bivens, Private search, School searches | Comments Off on E.D.Ky.: Mere school employee conduct search of coworker’s purse not “state actors” for § 1983

CA5: Psychological injuries can support a 4A claim; unintended shooting victim has claim

If the facts were resolved against the police here, they violated clearly-established Fourth Amendment law by unjustifiably shooting into an occupied house and hitting an intended victim. Also, psychological injuries may sustain a Fourth Amendment claim. No qualified immunity. Singleton … Continue reading

Posted in § 1983 / Bivens, Dog sniff, Excessive force, Reasonable suspicion | Comments Off on CA5: Psychological injuries can support a 4A claim; unintended shooting victim has claim

E.D.N.Y.: There was RS for def’s border cell phone search for drug importation

While the law isn’t completely clear on the justification for a cell phone search at the border, the justification for either standard is satisfied. There was clearly reasonable suspicion of drug importing at JFK for search of his cell phone. … Continue reading

Posted in § 1983 / Bivens, Border search, Cell phones, Probable cause | Comments Off on E.D.N.Y.: There was RS for def’s border cell phone search for drug importation

CA11: Shooting ptf’s dog gets no QI here

Alleged unnecessary shooting of plaintiff’s dog stated claim with no qualified immunity. Plowright v. Miami Dade Cty., 2024 U.S. App. LEXIS 13613 (11th Cir. June 5, 2024):

Posted in § 1983 / Bivens, Qualified immunity | Comments Off on CA11: Shooting ptf’s dog gets no QI here

CA11: Excessive force claim against HSI barred by Bivens/Egbert

Federal regulations permit FTCA actions for excessive force claims, so Bivens/Egbert bar this claim. Wimberly v. Selent, 2024 U.S. App. LEXIS 13557 (11th Cir. June 5, 2024). Defendant provided nothing to show he had a reasonable expectation of privacy in … Continue reading

Posted in § 1983 / Bivens, Excessive force | Comments Off on CA11: Excessive force claim against HSI barred by Bivens/Egbert

W.D.Ark.: 4A § 1983 case stayed under Younger for ptf to litigate in state court

“Here, Plaintiff seeks compensatory and punitive damages for his improper search, seizure, and entrapment claims. Plaintiff has not alleged he is prevented from bringing his ‘entrapment,” search and seizure claims in state court. Accordingly, it is appropriate, pursuant to the … Continue reading

Posted in § 1983 / Bivens, Abstention, Computer and cloud searches | Comments Off on W.D.Ark.: 4A § 1983 case stayed under Younger for ptf to litigate in state court

CA11: Excessive force claim against USMS Fugitive Task Force barred by Egbert and Bivens

USMS Fugitive Task Force shot and killed a person they were arresting. Under Egbert, there’s no Bivens claim here. Robinson v. Sauls, 2024 U.S. App. LEXIS 13432 (11th Cir. June 4, 2024) (another death knell for Bivens). Defendant abandoned his … Continue reading

Posted in § 1983 / Bivens, Abandonment, Probable cause, Reasonable suspicion | Comments Off on CA11: Excessive force claim against USMS Fugitive Task Force barred by Egbert and Bivens

E.D.Cal.: The fact mj is legal in CA doesn’t make it so in a national park; plain smell was PC

Defendant’s stop was based on a radio report of an older Lexus driving erratically. When the officer saw the car, the LPN was expired. The stop led to the officer smelling marijuana. The smell was enough to invoke the automobile … Continue reading

Posted in § 1983 / Bivens, Plain view, feel, smell, Unreasonable application / § 2254(d) | Comments Off on E.D.Cal.: The fact mj is legal in CA doesn’t make it so in a national park; plain smell was PC

LA5: No standing to challenge search of shooting victim’s cell phone in def’s possession

Defendant lacked standing to challenge the search of his shooting victim’s cell phone. Also, by statute the search of the phone more than 10 days after seizure was reasonable. State v. Lowry, 2024 La. App. LEXIS 804 (La. App. 5 … Continue reading

Posted in § 1983 / Bivens, Cell phones, Franks doctrine, Probable cause, Standing, Warrant execution | Comments Off on LA5: No standing to challenge search of shooting victim’s cell phone in def’s possession

CA2: Ptf alleged invasion of privacy for 4A violation, and that’s enough

Plaintiff adequately alleged personal injury for his Fourth Amendment. Invasion of privacy is enough. Dismissal reversed. Amigon v. Luzon, 2024 U.S. App. LEXIS 11415 (2d Cir. May 10, 2024):

Posted in § 1983 / Bivens | Comments Off on CA2: Ptf alleged invasion of privacy for 4A violation, and that’s enough

D.Mont.: 30-day delay in getting SW for seized storage building not unreasonable

In a kidnapping case, the 30-day delay in seeking a search warrant for defendant’s storage unit after its seizure was not unreasonable. “The Court next considers the degree to which the seizure and retention of Lepe’s storage unit and its … Continue reading

Posted in § 1983 / Bivens, Informant hearsay | Comments Off on D.Mont.: 30-day delay in getting SW for seized storage building not unreasonable