Category Archives: § 1983 / Bivens

CA5: Ptf doesn’t show that city’s alleged failure to use SWAT teams “threat matrix” properly led to any constitutional violation

Plaintiff failed to show a pattern of unconstitutional actions or that the SWAT teams’ use of a “threat matrix” to determine when they would be called out was unconstitutional. Plaintiff doesn’t show that the failure to implement that matrix properly … Continue reading

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CA11: Punching ptf in the face because of apparent threat to officer was QI

Punching plaintiff in the face was objectively reasonable on these facts, and the officer is entitled to qualified immunity. “Viewing the evidence in the light most favorable to Avery, Davis saw a brawl break out between two groups of young … Continue reading

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CA9 affirms $1.25M verdict for search of wrong house in Pima Co. AZ

Plaintiffs’ neighbor made a 911 call about a possible altercation with a gun. The Pima County AZ Sheriff’ Office arrived, beat on the door and ordered the plaintiffs out, handcuffed them and placed them in police cars, and then searched … Continue reading

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CA3: Ptfs dismissed their 4A claims to appeal 1A claim of right to video police in action, and they prevailed

There is a First Amendment right to video or photograph the police doing their jobs. Plaintiffs were arrested for doing that, despite a city policy saying it was legal, and the district court ruled against them on the First Amendment … Continue reading

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SCOTUS avoids deciding El Paso cross border shooting case and remands to CA5

The El Paso-Ciudad Juarez cross border shooting case remanded by SCOTUS to the Fifth Circuit for reconsideration in light of a decision from the Court on June 19th on whether Bivens applies. Hernández v. Mesa, 2017 U.S. LEXIS 4059 (June … Continue reading

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CA5: Video of police shooting shows it was justified, so QI shown

Parents alleged Fourth Amendment violations under § 1983 in the fatal shooting of their son by a police officer. Based upon a bystander’s video of the incident, a reasonable officer in defendant’s position could have concluded that the son posed … Continue reading

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SCOTUS: Bivens actions must be extended by Congress, and QI applies

Bivens actions beyond what the Supreme Court has already found must be found by Congress and not the courts. Qualified immunity applies as in 1983 actions: “The qualified-immunity inquiry turns on the ‘objective legal reasonableness’ of the official’s acts, Harlow … Continue reading

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W.D.Tex.: County Jail’s acceptance of ICE detainees without PC violates 4A

Bexar County jail’s acceptance of ICE detainers without a showing probable cause for the detention violates the Fourth Amendment. The collective knowledge doctrine doesn’t apply where there isn’t any communication between ICE and the jail other than the jail taking … Continue reading

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IN: Unchallenged SW that led to tax assessment made seizure reasonable

“In their second amended complaint, the Garwoods did assert a Fourth Amendment claim. … It is unclear what became of it, as it was still live when the State moved for summary judgment and survived that motion. In any event, … Continue reading

Posted in Warrant requirement, § 1983 / Bivens | Comments Off

M.D.Fla.: Unauthorized driver of rented car with suspended DL had no REP in car even if driving with permission of renter

Defendant had a subjective reasonable expectation of privacy in a rental vehicle he was driving with permission of the renter and potentially the implicit permission of the rental company because he was seen in it by them. [Whether they knew … Continue reading

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