Category Archives: § 1983 / Bivens

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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WY: Jury instruction on the state version of the 4A wasn’t proper in case involving use of force against officer in his house

One is not entitled to use excessive force against a police officer unlawfully in the home. The officer must also be using excessive force. Defendant’s proffered jury instruction that merely recited the state constitutional provision on search and seizure was … Continue reading

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Cert.granted: District of Columbia v. Wesby on qualified immunity

Cert.granted: District of Columbia v. Wesby, 15-1485 (Jan. 19, 2017). Issues: (1) Whether police officers who found late-night partiers inside a vacant home belonging to someone else had probable cause to arrest the partiers for trespassing under the Fourth Amendment, … Continue reading

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CA11: Arguable probable cause entitles the officer to qualified immunity, here for a mental health seizure

Arguable probable cause entitles the officer to qualified immunity, here for a mental health seizure. May v. City of Nahunta, 2016 U.S. App. LEXIS 20501 (11th Cir. Nov. 15, 2016), same result on rehearing, May v. City of Nahunta, 2017 … Continue reading

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CA6: Sheriff’s deputy relying on writ of execution didn’t violate 4A

Defendant deputy sheriff and the state court plaintiffs acting on a writ of execution issued by the trial court couldn’t be sued over it. Without even considering Tennessee’s post-judgment execution law and even assuming the writ was improperly issued, no … Continue reading

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CA6: Factual disputes deny appellate jurisdiction for excessive force qualified immunity appeal

There were disputes of fact on plaintiff’s excessive force claim that deprived this court of appellate jurisdiction over it. Harmon v. Hamilton County, 2017 U.S. App. LEXIS 497 (6th Cir. Jan. 9, 2017)*:

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