Category Archives: § 1983 / Bivens

CA6: Allegation of falsely creating PC is different than absolute immunity for GJ testimony

An allegation of falsely creating a case against the plaintiff is independent from the absolutely immune conduct of grand jury testimony. The district court erred in granting summary judgment to the defendants. Supplement jurisdiction claims dismissed also reversed. King v. … Continue reading

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D.Ariz.: Immigration checkpoint stop can be enlarged because of smell of marijuana

During an immigration checkpoint on a state highway in Arizona, the smell of marijuana coming from the car allowed the stop to go longer under Rodriguez. “Ruiz-Hernandez has not pointed to any authority, in any context, where law enforcement is … Continue reading

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CA10: QI isn’t determined by violation of state law; has to be violation of federal law

In a fractured panel decision, the Tenth Circuit holds that federal law governs qualified immunity, not state law. Here, defendant violated clearly established state law, but the district court didn’t decide whether it violated clearly established federal law. Remanded. Stanley … Continue reading

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CA11: Ptf stated enough to get over Heck bar; DC erred in dismissing with insufficient findings

Plaintiff filed a Bivens action against a U.S. Postal Inspector for having him locked out of his storage unit on a telephone call that required follow-up to seize then search. It was never forthcoming. A relative tried to access his … Continue reading

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C.D.Cal.: That building inspector’s entry was governed by 4A is clearly established

A municipal building inspector’s entry into plaintiff’s building is governed by the Fourth Amendment and the law is well established. “Red-Tagging” the property for defects facially states a claim for relief and the motion to dismiss is denied. VNT Prop. … Continue reading

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S.D.Fla.: No Franks hearing: The omitted would only have added to PC

Defendant isn’t entitled to a Franks hearing: “The addition of the omitted information to the search warrant application would not have detracted from the probable cause and may very well have strengthened the probable cause stated in the affidavit.” United … Continue reading

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E.D.Ark.: There is no such thing as a negligent search and seizure claim

There is no such thing as a negligent search and seizure claim. Rudd v. City of Jonesboro, 2017 U.S. Dist. LEXIS 28682 (E.D.Ark. March 1, 2017). The search of plaintiff’s truck in a garage was reasonable and officers get qualified … Continue reading

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CA10: Handcuffing and jailing an inebriated man as “incapacitated” violated the 4A and no QI

Plaintiff showed up at a concert at the Xfinity Center in Boston inebriated, but not so drunk he didn’t know what he was doing. Security separated him from the incoming line into the hands of the defendant, an off-duty officer … Continue reading

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CA4: No QI for arrest w/o PC and pft held for 80 days; lack of PC was obvious

Plaintiff was held for 80 days on an arrest utterly without probable cause, and the officer has no qualified immunity. Smith v. Munday, 2017 U.S. App. LEXIS 1975 (4th Cir. Feb. 3, 2017):

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CA5: Rooker/Feldman abstention doesn’t bar action by SVP against how state handled a court order

Rooker/Feldman abstention didn’t bar plaintiff’s action against state officials enforcing a court order allegedly unconstitutionally, here against SVP. Brown v. Taylor, 2017 U.S. App. LEXIS 1742 (5th Cir. Jan. 31, 2017) (see Treatise § 64.02):

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