Category Archives: § 1983 / Bivens

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

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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

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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):

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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):

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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

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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

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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):

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D.Ariz.: State criminal case remedy doesn’t preclude injunctive relief against unlawful arrests

In an injunctive relief action against former Sheriff Arpaio over state enforcement of federal immigration laws, the court considers the factors for injunctive relief, and concludes that having state Fourth Amendment remedies doesn’t undo irreparable harm. Puente Arizona v. Arpaio, … Continue reading

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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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