Category Archives: § 1983 / Bivens

NY Times: If the Police Lie, Should They Be Held Liable? Often the Answer Is No.

NY Times: If the Police Lie, Should They Be Held Liable? Often the Answer Is No. by Shaila Dewan (“Federal agents and police officers who work with them are often immune from lawsuits, even for serious rights violations. The Supreme … Continue reading

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CA9: Govt proved inevitable discovery of victims despite suppressing search of motel room

The officers’ investigation had progressed enough to have embarked on a course to readily identify defendant’s victims before the illegal search of the motel room. The government proved inevitable discovery. In addition, this wasn’t so flagrant, despite the granting of … Continue reading

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CA11: There was justification for ptf’s stop, so pretext question doesn’t get to jury

“The plaintiffs contend that the record contains evidence that could lead a jury to conclude that Officer Benton merely used the tag violation as a pretext for an otherwise unlawful stop. But Officer Benton’s subjective purpose for conducting the traffic … Continue reading

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CA10: No Bivens remedy for false arrest and malicious prosecution

No Bivens remedy for false arrest and malicious prosecution. Even if wrong, there was qualified immunity here. Boudette v. Buffington, 2021 U.S. App. LEXIS 24512 (10th Cir. Aug. 17, 2021). The citizen informant called police to say that there was … Continue reading

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CA8: Handcuffing for two minutes was not an unreasonable seizure when based on furtive movements

Plaintiffs’ handcuffing for two minutes because of furtive movements was reasonable. “Based on the totality of the circumstances, we conclude that the investigative detention did not become an arrest here because Officer Marzolf only used handcuffs briefly (under two minutes) … Continue reading

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S.D.Ohio: SW issuing judge has judicial immunity

You can’t sue a judge for issuing a warrant where there’s no allegation that the judge abandoned the judicial role [harkening to good faith exception too]. Kolle v. Kyle, 2021 U.S. Dist. LEXIS 148629 (S.D.Ohio Aug. 9, 2021). The smell … Continue reading

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N.D.Ohio: Ptf shows Franks violation for leaving out important mitigating information; officer also had apparent motive

Defendant satisfied his Franks burden of showing a material false statement in support of the probable cause showing for the warrant. That information undermined the probable cause. As to the good faith exception, this is what the exclusionary rule is … Continue reading

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DC: Petr’s debit card records are basic third-party records under Miller and aren’t protected under Carpenter

Debit card financial records are basic third party records, like the bank records in Miller, and Carpenter offers no protection to the petitioner despite his claim of privacy interest in the information. And, if it did, the good faith exception … Continue reading

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CA6: Officer continuing a prosecution on false evidence states a § 1983 claim

“A reasonable jury could find that Deputy Edmonds’s post-arrest incident reports contained knowing or reckless falsehoods. Drawing all inferences in favor of Ernest, Deputy Edmonds knew that Ernest never pointed his gun at her and that Ernest did not know … Continue reading

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CA11: District Court’s § 1983 SJ credibility determinations on PC require reversal

“Because the District Court weighed testimony and made credibility determinations, it erroneously found that Officer Williams had arguable probable cause to detain Ms. Khoury. We must therefore vacate the District Court’s summary judgment order holding that Officer Williams had qualified … Continue reading

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Cal.2: Nest and surveillance camera on one’s own property to record ptfs’ loud parties didn’t violate their REP

Defendant’s cameras on their own property, including a Nest camera, that was intended to record plaintiffs’ loud parties did not invade their reasonable expectation of privacy, even if the Nest camera enhanced sound. Mezger v. Bick, 2021 Cal. App. LEXIS … Continue reading

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CA8: Officers had PC to arrest despite later investigation casting doubt and the criminal case getting dismissed

Officers had probable cause for plaintiff’s arrest for a sexual assault charge based on the totality of information, even though charges were later dismissed. Further later investigation cast doubt, but the officers weren’t reckless. Walz v. Randall, 2021 U.S. App. … Continue reading

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CA7: When false arrest is the claim, ptf’s bond conditions are not separate seizures for SoL purposes

Plaintiff’s false evidence claim arises from the arrest or release from detention, and here it is time barred. His release on detention was not a separate Fourth Amendment seizure. Smith v. City of Chi., 2021 U.S. App. LEXIS 19136 (7th … Continue reading

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CA9: Denial of motion to suppress in state court precludes § 1983 case over same search

Defendant lost his motion to suppress in state court over a warrantless entry into his garage. He later sued over the search under § 1983 in federal court. The federal case was precluded by the state denial of the motion … Continue reading

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N.D.Ohio: Def’s suppression motion loss precludes his § 1983 case on same issue

Plaintiff’s civil rights complaint that OnStar allegedly illegally tracked his vehicle was already decided against him in his criminal case. The issue is precluded here. Lenhart v. Savetski, 2021 U.S. Dist. LEXIS 109462 (N.D. Ohio June 11, 2021). The collection … Continue reading

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CA9: Franks violation states § 1983 claim

The DA declined to prosecutor the plaintiff because of a Franks violation in the affidavit for the search warrant. Plaintiff sued, and qualified immunity is found not inapplicable. Dahlin v. Frieborn, 2021 U.S. App. LEXIS 16077 (9th Cir. May 28, … Continue reading

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CA3: No suppression hearing needed on the mere chance something will turn up

The request for an evidentiary hearing on a suppression motion based on the mere hope something might turn up is really just speculation and should be denied. United States v. Dfouni, 2021 U.S. App. LEXIS 15091 (3d Cir. May 19, … Continue reading

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CA6: Excessive force “assault” claim under § 1983 doesn’t necessarily require contact

Jail conditions can be so bad that they amount to a § 1983 “assault” without there being a more traditional assault. Here, it was a suicidal inmate knowingly put into solitary confinement and that could be pled as excessive force … Continue reading

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DE: Def had no standing to complain where govt actor entered neighbor’s property to look at his

Plaintiff had no standing to challenge a government actor’s entry into his neighbor’s property to look at his. McCafferty v. New Castle County Bd. of License, 2021 Del. Super. LEXIS 343 (Apr. 26, 2021). No matter how the court views … Continue reading

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C.D.Cal.: Delayed first appearance 4A claim should be brought by habeas not § 1983

Plaintiff’s claim he did not receive his first appearance within 48 hours should have been brought by habeas under 28 U.S.C. § 2254 not a § 1983 action. Young v. Levert, 2021 U.S. Dist. LEXIS 76021 (C.D. Cal. Apr. 20, … Continue reading

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