Category Archives: § 1983 / Bivens

CA8: A 1 in 11 chance homeowner had CP on computer was enough for qualified immunity; search turned up nothing and he lost job then home

Child pornography was able to be downloaded from plaintiff’s IP address, so Minot police got a search warrant for plaintiff’s address, which appeared to be a single family dwelling. When they got there, however, they learned that 11 people lived … Continue reading

Posted in Computer searches, Qualified immunity, § 1983 / Bivens | Comments Off

MI: Taking ptf’s photo and prints after a valid arrest did not violate 4A

The taking of plaintiff’s photograph and fingerprints after an apparently valid arrest was not a clearly established violation of the Fourth Amendment where he was innocent of a crime. Plaintiff did not contest his arrest, but he contended that the … Continue reading

Posted in Franks doctrine, Qualified immunity, Reasonable expectation of privacy, § 1983 / Bivens | Comments Off

CA9: PC for arrest in the 1A context: ptf street performer’s arrest was without probable cause

Plaintiff is a Las Vegas Strip street performer, and she was arrested for conducting business with another performer without a license. The district court erred by deciding that the officers had probable cause to arrest plaintiff despite the First Amendment … Continue reading

Posted in Probable cause, § 1983 / Bivens | Comments Off

CA4: Wikimedia can show standing to challenge internet surveillance under Clapper v. Amesty International

Wikimedia’s complaint against the NSA survives SCOTUS Clapper v. Amnesty International standing analysis. Wikimedia handles over one trillion internet communications a year, and every internet portal in the U.S. and likely the world reaches it. Therefore, some communications have to … Continue reading

Posted in Standing, § 1983 / Bivens | Comments Off

CA11: Shooting of ptf during drug raid was reasonable and subject to QI

This § 1983 case arose from a shooting death by police during execution of a drug search warrant. The pre-search briefing told the officers that the suspect inside was involved in drug dealing and was likely armed, so a no-knock … Continue reading

Posted in Excessive force, Qualified immunity, § 1983 / Bivens | Comments Off

CA11: A police dog can’t be sued for excessive force under § 1983 or for negligence under state law

A police dog can’t be sued under § 1983, although the handler can. Here, the handler has qualified immunity for this use of force. Jones v. Fransen, 2017 U.S. App. LEXIS 8816 (11th Cir. May 19, 2017):

Posted in Qualified immunity, § 1983 / Bivens | Comments Off

CA10: Successful suppression of evidence is not a “favorable outcome” for malicious prosecution purposes against the prosecutor; QI granted

Successful suppression of evidence is not a “favorable outcome” for malicious prosecution purposes against the prosecutor. It doesn’t show actual innocence. Margheim v. Buljko, 2017 U.S. App. LEXIS 7421 (10th Cir. April 27, 2017):

Posted in Qualified immunity, § 1983 / Bivens | Comments Off

CA5: Arrest w/o PC can be retaliatory for refusing to answer questions at stop w/o RS

Plaintiff claimed he was arrested, handcuffed, and shackled simply for refusing to give his name and answer questions when he was stopped in a hotel parking lot apparently solely because of the officer’s curiosity. [At least plaintiff so plead because … Continue reading

Posted in Probable cause, § 1983 / Bivens | Comments Off

CA7: Officer did not violate 4A in reasonably handcuffing road rage suspect until RS dissipated

The district court erred in not granting summary judgment to the officer in this § 1983 case for his use of handcuffs on the plaintiff in his mid-60’s. There was reasonable suspicion for his stop as a suspect in a … Continue reading

Posted in Qualified immunity, Reasonable suspicion, Reasonableness, § 1983 / Bivens | Comments Off

D.Mass.: Evidence that officer condoned CI planting evidence survives MSJ

Plaintiff had enough evidence of CI misconduct in planting evidence and police turning a blind eye toward it to survive summary judgment. Santiago v. Lafferty, 2017 U.S. Dist. LEXIS 49177 (D. Mass. March 31, 2017):

Posted in Franks doctrine, Police misconduct, § 1983 / Bivens | Comments Off