Category Archives: § 1983 / Bivens

CA3: Public hospital’s taking child from ambulance at ER was reasonable since parents wouldn’t provide medical history or answer questions about child’s condition

Plaintiffs’ Fourth and Fourteenth Amendment claim against the defendant public hospital for taking their baby from an ambulance and treating it in the emergency room was reasonable under the circumstances. The hospital staff couldn’t get answers from the parents about … Continue reading

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CA3: State court loss of suppression motion as private search was collateral estoppel to § 1983 case

Plaintiff was a student in a private university, and the RA in his dorm smelled burning marijuana in the hallway and narrowed it to plaintiff’s room. The next day, university security searched his room, and he was charged in the … Continue reading

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N.D.Miss.: Heck bar doesn’t apply to search preceding arrest, but action stayed pending criminal case

Plaintiffs’ claim for illegal search and seizure at an internet café resulting in a criminal prosecution is not barred by Heck. The action is stayed, however, pending the outcome of the plaintiffs’ criminal trial. Moore v. Miss. Gaming Comm’n, 2017 … Continue reading

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CA5: Ptf doesn’t show that city’s alleged failure to use SWAT teams “threat matrix” properly led to any constitutional violation

Plaintiff failed to show a pattern of unconstitutional actions or that the SWAT teams’ use of a “threat matrix” to determine when they would be called out was unconstitutional. Plaintiff doesn’t show that the failure to implement that matrix properly … Continue reading

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CA11: Punching ptf in the face because of apparent threat to officer was QI

Punching plaintiff in the face was objectively reasonable on these facts, and the officer is entitled to qualified immunity. “Viewing the evidence in the light most favorable to Avery, Davis saw a brawl break out between two groups of young … Continue reading

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CA9 affirms $1.25M verdict for search of wrong house in Pima Co. AZ

Plaintiffs’ neighbor made a 911 call about a possible altercation with a gun. The Pima County AZ Sheriff’ Office arrived, beat on the door and ordered the plaintiffs out, handcuffed them and placed them in police cars, and then searched … Continue reading

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CA3: Ptfs dismissed their 4A claims to appeal 1A claim of right to video police in action, and they prevailed

There is a First Amendment right to video or photograph the police doing their jobs. Plaintiffs were arrested for doing that, despite a city policy saying it was legal, and the district court ruled against them on the First Amendment … Continue reading

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SCOTUS avoids deciding El Paso cross border shooting case and remands to CA5

The El Paso-Ciudad Juarez cross border shooting case remanded by SCOTUS to the Fifth Circuit for reconsideration in light of a decision from the Court on June 19th on whether Bivens applies. Hernández v. Mesa, 2017 U.S. LEXIS 4059 (June … Continue reading

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CA5: Video of police shooting shows it was justified, so QI shown

Parents alleged Fourth Amendment violations under § 1983 in the fatal shooting of their son by a police officer. Based upon a bystander’s video of the incident, a reasonable officer in defendant’s position could have concluded that the son posed … Continue reading

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SCOTUS: Bivens actions must be extended by Congress, and QI applies

Bivens actions beyond what the Supreme Court has already found must be found by Congress and not the courts. Qualified immunity applies as in 1983 actions: “The qualified-immunity inquiry turns on the ‘objective legal reasonableness’ of the official’s acts, Harlow … Continue reading

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