Category Archives: § 1983 / Bivens

CA6: 4A claim barred by Heck so appeal summarily affirmed

Plaintiff’s civil rights Fourth Amendment claim is barred by Heck because it necessarily calls into question the validity of the underlying conviction. The claim is barred on its face, so qualified immunity is moot. West v. Saginaw Twp. Police Dep’t, … Continue reading

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CA2: Correcting the alleged false statements in affidavit still leaves PC so officials have QI

Deleting the allegedly false information from the affidavit for search warrant leaving it as a “corrected” affidavit under Franks, there still was a fair probability for probable cause. That there might be other explanations doesn’t undermine probable cause. Therefore, defendants … Continue reading

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D.Md.: Private extradition company’s employees could be sued under § 1983 and due process clauses but not 4A since he’s a pretrial detainee

Plaintiff sued an extradition company, Prisoner Transport Services of America (PTS) under § 1983 as a state actor and the Fourth Amendment and due process clauses for inmate abuse in a transport van, describing ugly conditions of transport. “While Plaintiff … Continue reading

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CA4: Inventory policy’s failure to mention dealing with closed containers doesn’t make it unreasonable

The inventory policy sufficiently curtailed the officer’s discretion to be constitutional. It did not mention closed containers but that doesn’t make it unconstitutional. The officer’s search of a laptop case was reasonable even though the officer didn’t log everything that … Continue reading

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CA6: Officer in § 1983 case didn’t show basis for warrantless entry; QI erroneously granted

Crediting the plaintiffs’ complaint and the proof thus far, the defendant officer did not show an excuse for dispensing with the warrant requirement for a warrantless entry into the plaintiffs’ home. Thus, summary judgment on qualified immunity was erroneously granted … Continue reading

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CA6: Jail group strip searches invasive, but penologically justified; ptf must answer defs’ proffered justification

While group strip searches at a jail are invasive, there is a penological justification offered that plaintiff doesn’t answer. There is no clearly established law that these are unreasonable. “The issue we face is whether periodically conducting group strip searches … Continue reading

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CA5: Bodycam video showed that this fatal shooting was apparently justified, and that essentially made credibility of the officer irrelevant

In this § 1983 action against a former deputy sheriff, which alleged excessive force in violation of the Fourth Amendment, the factual issues identified by the district court on summary judgment were immaterial in light of undisputed filmed facts of … Continue reading

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CA9: In a civil Franks claim, withheld SW affidavit tolls limitations until discovery

Plaintiff claimed judicial deception in obtaining search warrants for his home and computers over the death of his wife. When the state had the warrant affidavits sealed, the two year statute of limitations on his claim of judicial deception did … Continue reading

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CA5: Plaintiff’s civil search claim was barred by Heck v. Humphrey, but his due process claim was not

Plaintiff’s civil search claim was barred by Heck v. Humphrey, but his due process claim was not. Shugart v. Six Unknown Fannin Cty. Sheriffs, 2017 U.S. App. LEXIS 14190 (5th Cir. Aug. 2, 2017):

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NPR: U.S. Citizen Who Was Held By ICE For 3 Years Denied Compensation By Appeals Court

NPR: U.S. Citizen Who Was Held By ICE For 3 Years Denied Compensation By Appeals Court by Camila Domonoske: In a ‘botched’ investigation, Immigrations and Customs Enforcement kept Davino Watson, a U.S. citizen, imprisoned as a deportable alien for nearly … Continue reading

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