Category Archives: § 1983 / Bivens

W.D.Va.: Proving the Heck bar requires defs to put copies of underlying documents into the record

Defendants don’t get the benefit of a Heck bar without putting the papers of the underlying case into evidence. “As stated, court records online indicate that two felony drug charges have been dismissed. Without copies of relevant court documents and … Continue reading

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E.D.N.Y.: Govt’s possession of cell phone for nine months waiting to decrypt password isn’t unreasonable

Defendant’s phone has been in the hands of the government for many months, but defendant refused to provide the password to access the phone. That justifies the delay in the government accessing the phone. The motion for return of property … Continue reading

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CA9: Not well settled law that LEO stealing property during a search is 4A violation, so alleged thief gets qualified immunity

The law is not well settled, thus requiring qualified immunity, that a law enforcement officer’s stealing plaintiff’s property during a search is a violation of the Fourth Amendment. (Apparently something that’s obviously an unreasonable seizure doesn’t matter as long as … Continue reading

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CA6: No QI for stopping ptf for “flipp[ing] him the bird”

Officer Minard stopped the plaintiff for a minor traffic offense, and he let her off with a warning. Despite the break, she “flipped him the bird,” and the officer blue lighted her again and this time ran into her trying … Continue reading

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CA9: Injunctive relief against records surreptitiously collected is a possible remedy for a 4A violation

In a wide ranging case against the FBI for conducting covert surveillance in a mosque and targeting Muslims allegedly solely based on their religion, the court holds that injunctive relief to expunge what was seized is a possible remedy for … Continue reading

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CA5: Ptf’s indictment by a Texas grand jury cuts off his malicious prosecution claim

Plaintiff’s indictment by a Texas grand jury cuts off his malicious prosecution claim. There was no evidence the grand jury was misled. Curtis v. Sowell, 2019 U.S. App. LEXIS 4666 (5th Cir. Feb. 15, 2019). Defendant was encountered by police … Continue reading

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OR: Def ordered from car left purse inside, and it was subject to inventory when car towed

Defendant was ordered out of the car, and she left her purse inside. Her purse was legitimately subjected to the inventory since it was left in the car. State v. Fulmer, 296 Ore. App. 61, 2019 Ore. App. LEXIS 190 … Continue reading

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CA11: § 1983 malicious prosecution claim defeated by PC even though exonerating information omitted from arrest affidavit

Plaintiff police officers’ false arrest claim fails on qualified immunity. Even though allegedly exonerating information was omitted from the arrest affidavits, and the criminal case was dropped by the state’s attorney, it wasn’t enough to undermine the probable cause that … Continue reading

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CA6: Officers who went to hospital room get QI on whether there was a REP in the shared room

Officers who visited plaintiff in his hospital room he shared with another were sued for allegedly violating his reasonable expectation of privacy. There is no clear controlling authority, and the officers get qualified immunity [and the issue goes undecided]. Bonds … Continue reading

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CA9: Ptf’s affidavit there was no announcement before battering ram broke in her door makes her civil case survive summary judgment

Plaintiff showed enough of a fact question that officers never announced they were attempting to enter on a search warrant, breaking in her door, to survive their motion for summary judgment. They said, she said. Greiner v. Wall, 2019 U.S. … Continue reading

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D.Utah: Heck barred § 1983 case over his search which produced only evidence in case

Essentially the only evidence supporting defendant’s conviction came from his search and seizure of evidence. Thus, his § 1983 case over the search is barred by Heck. Anderson v. Houston, 2019 U.S. Dist. LEXIS 19246 (D.Utah Feb. 5, 2019).* For … Continue reading

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CA3: Ptf adequately pled City had a pattern of illegal searches to state a § 1983 claim

Plaintiff was imprisoned for six months on a drug charge. After a successful motion to suppress, the charges were dropped. His § 1983 case against the officers fails, but it survives challenge against the city. “He has adequately alleged that … Continue reading

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