Category Archives: § 1983 / Bivens

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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CA5: Frivolous 4A § 1983 case dismissed on MSJ and not appealed results in attorneys fees for defs

Plaintiffs ran a pawnshop that was searched. They were of “the short-lived reality TV program ‘Cajun Pawn Stars.’” They bought, not pawned, some equipment that turned out to have been stolen, and the police came and searched their pawnshop for … Continue reading

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CA7: Arrest for disorderly conduct was clearly without PC, so officers get no qualified immunity

Officers have no qualified immunity for an arrest for disorderly conduct that was obviously without probable cause, and no reasonable officer could have concluded otherwise. Catledge v. City of Chicago, 2016 U.S. App. LEXIS 22118 (7th Cir. Dec. 13, 2016):

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CA7: “We’re not inclined to construct a [4A] constitutional basis for [plaintiff’s] claims when she has failed to do so herself”

Plaintiff is a lawyer who attempted to report a $22M theft committed by a client learned in unprivileged information. The state ignored her. Ultimately, she was charged as an aider and abetter of the client, and acquitted at trial. She … Continue reading

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CA2: Judgment on liability for bogus stop and frisk was not error; $196k verdict affirmed

Plaintiffs were two teenagers stopped by police for one vaguely matching the description of one of two robbers. One of them refused to put his phone away when the officer ordered him three times not to. At a § 1983 … Continue reading

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N.D.Ohio: Def’s going home after a drug deal shows nexus for SW for house

“Here, the affidavit provides that the confidential informant had been providing information to the task force for 11 months, he had no criminal convictions, and his information has never been found to be false or misleading. (Aff. ¶ 13.) This, … Continue reading

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CA11: Arguable probable cause entitles the officer to qualified immunity

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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