Category Archives: § 1983 / Bivens

CA9: Bivens could be extended to excessive force and 1A retaliation claim against CBP officer

Bivens could be extended to a Fourth Amendment illegal entry and excessive force claim and First Amendment retaliation by the CBP agent by reporting plaintiff to the IRS. Boule v. Egbert, 2020 U.S. App. LEXIS 36559 (9th Cir. Nov. 20, … Continue reading

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Reason: SCOTUS Considers Whether James King Has Any Recourse Against the Cops Who Choked and Beat Him for No Good Reason

Reason: SCOTUS Considers Whether James King Has Any Recourse Against the Cops Who Choked and Beat Him for No Good Reason by Jacob Sullum:

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KS: Looking in purse of unconscious driver was reasonable

The emergency aid exception applied: “Officer Brown searched Smith’s purse seeking Smith’s identity and any information that would explain the nature of Smith’s condition and the best means of treating it. When the officer made this decision, the paramedics were … Continue reading

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CA8: Negative patdown didn’t remove threat when ptf reached for waistband and was shot

Plaintiff was patted down (it appears more of a full search incident) and then fled and reached for his waistband and was shot. A gun was overlooked in the patdown. “We therefore conclude that Officer Ashcraft is entitled to summary … Continue reading

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CA5: Dist.Ct. erred in dismissing civil claim ptf never saw 32 pg attachment to SW

One of plaintiff’s Fourth Amendment claims was that the 32 page attachment limiting the scope of the search warrant was not attached, and he still hadn’t seen it. The district court erred in dismissing the claim without the plaintiff seeing … Continue reading

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E.D.N.Y.: Fruit of the poisonous tree doctrine doesn’t apply in § 1983 cases in CA2

The fruit of the poisonous tree doctrine doesn’t apply in § 1983 cases in the Second Circuit. Therefore, illegally seized evidence can be considered for probable cause to arrest. Smith v. Degirolamo, 2020 U.S. Dist. LEXIS 176310 (E.D. N.Y. Sept. … Continue reading

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TX4: Illegal stop claim was waived for failure to present to trial court

Defendant’s illegal stop claim for having an open container in San Antonio wasn’t presented in the trial court so it’s waived. Sowers v. State, 2020 Tex. App. LEXIS 7473 (Tex. App. – San Antonio Sept. 16, 2020).* “This Fourth Amendment … Continue reading

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CA10: Ptf didn’t have to show officer his ID and that wasn’t PC for arrest

“Mglej’s refusal to provide Deputy Gardner with his driver’s license or some other form of identification, then, as Deputy Gardner demanded, did not create probable cause to arrest Mglej under Utah Code § 76-8-301.5(1). Thus, sufficient to defeat summary judgment, … Continue reading

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CA3: State court suppression of search isn’t favorable termination for malicious prosecution case

Just because the evidence was suppressed in plaintiff’s criminal case and then affirmed on appeal doesn’t mean the criminal case was terminated in his favor on the facts. He possessed heroin, and that’s not in dispute, and there was probable … Continue reading

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CA7: Civil claim for false arrest or detention on fabricated evidence is 4A claim

“A claim for false arrest or pretrial detention based on fabricated evidence sounds in the Fourth Amendment right to be free from seizure without probable cause.” Patrick v. City of Chicago, 2020 U.S. App. LEXIS 28380 (7th Cir. Sept. 8, … Continue reading

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CA5: Bivens not extended to excessive force claim on entering VA hospital

Bivens won’t be extended to an alleged unprovoked attack at a VA hospital metal detector. Oliva v. Nivar, 2020 U.S. App. LEXIS 28052 (5th Cir. Sept. 2, 2020). “The issue before the Court is whether the Government violated Rule 16 … Continue reading

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CA11: Telling ptf to move along wasn’t a 4A seizure

“Here, Watkins did not state a plausible claim that Willson violated his Fourth Amendment rights because Willson did not arrest him, detain him, or restrain his movement. Instead, Willson gave Watkins notice to leave the premises, as required by Florida … Continue reading

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S.D.Fla.: Deputy sheriff stated false imprisonment claim against ATF officers

Plaintiff, a Monroe County deputy sheriff, stated a claim so far for false imprisonment against ATF agents who stopped him for no reason while he was working Hurricane Irma in the Florida Keys. His excessive force claim, however, is dismissed. … Continue reading

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CA9: Hernandez bars Bivens claim against false arrest in Thailand U.S. allegedly participated in

“As in Hernandez, ‘it is glaringly obvious that [Hobbs’s] claims involve a new context.’ Id. at 744. And the same extraterritorial concerns that foreclosed a Bivens claim in Hernandez apply here with greater force. Unlike in Hernandez, all of the … Continue reading

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IN: CI’s statement he bought from def ten times was a statement against penal interest

The CI was the target of a search, and he snitched off defendant as his source for about ten sales, the most recent the day before. That was a statement against penal interest. State v. Stone, 2020 Ind. App. LEXIS … Continue reading

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CA8: TSA’s officers “satisfy the FTCA’s definition of an investigative or law enforcement officer” for FTCA

“The central question here is whether Transportation Security Administration (TSA) screening personnel, known as Transportation Security Officers (TSOs), satisfy the FTCA’s definition of an investigative or law enforcement officer. Holding that they do, we reverse and remand.” “Two of our … Continue reading

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