Category Archives: § 1983 / Bivens

CA9: On the scene determination of PC justified arreat and detention for 47 hours, despite later dismissal

There was probable cause for plaintiff’s arrest based on the officer’s on the scene determination. He was held 47 hours and released. The jury in the civil case found for the defendants, and the district court did not abuse its … Continue reading

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CA9: MMJ card didn’t undermine PC for possession

The arrest was based on probable cause to believe marijuana would be found. The existence of a medical marijuana card is only a defense to the holder, and it doesn’t undermine probable cause. Assenberg v. Whitman County, 2018 U.S. App. … Continue reading

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S.D.Cal.: San Diego strip club inspection ordinance violates 1A; 4A deferred for more development

San Diego has an ordinance permitting inspections of strip clubs. After an “inspection” with armed officers with bulletproof vests to photograph nearly nude dancers ostensibly to log their tattoos, the court finds the ordinance violates the First Amendment because it … Continue reading

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NYLJ: Time to End Qualified Immunity?

NYLJ: Time to End Qualified Immunity? by Ilann M. Maazel: Civil Rights Litigation columnist Ilann M. Maazel writes: Qualified immunity is often asserted and litigated in §1983 cases. But some conservative scholars now argue that the doctrine is lawless. This … Continue reading

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E.D.Ky.: “[W]hen officers rely on a judicially secured warrant, they are generally entitled to qualified immunity.”

“In search and seizure cases, when officers rely on a judicially secured warrant, they are generally entitled to qualified immunity.” Plaintiff claimed false information was provided for the warrant, but he fails in his burden of showing a fact question … Continue reading

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CA3: Affidavit for SW was fair on its face and showing of PC, so officer gets QI for execution

The officers had qualified immunity for execution of a search warrant application that was fair on its face. It could be relied upon by a reasonable officer. Olson v. Ako, 2018 U.S. App. LEXIS 6958 (3d Cir. Mar. 20, 2018):

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CA9: Pro se ptf’s allegation that the officers “beat the crap out of” him was not too vague and conclusory to support an excessive force claim

“[T]he allegation that the officers ‘beat the crap out of’ plaintiff was [not] too vague and conclusory to support a legally cognizable claim. The panel held that plaintiff’s use of a colloquial, shorthand phrase made plain that he was alleging … Continue reading

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S.D.Cal.: If you’re suing over a SW issued on false allegations, somebody has to put the SW papers in the MSJ pleadings; nobody did, so denied

This is an excessive force and illegal search claim where plaintiff claimed her husband was unreasonable killed in violation of the Fourth Amendment and state law. It also included a claim that the search warrant was obtained by judicial deception. … Continue reading

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LR article: Manuel v. City of Joliet: Pursuing a Claim Under the Fourth Amendment

Manuel v. City of Joliet: Pursuing a Claim Under the Fourth Amendment by Lynda Hercules Charleson, 5 Tex. A&M L. Rev. Arguendo 47 (2017). Abstract:

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CA9: Ptf refused entry to house on a domestic call, and police broke in and tasered him; grant of QI reversed

Plaintiff refused entry to the police on a domestic call. They broke in and tasered him on the floor. The district court erred in granting qualified immunity to the officers. He refused entry, which was his right, and this case … Continue reading

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M.D.Ala.: Ordering man to crawl out of hotel room before entry was reasonable where officer had arrest warrants for occupant

Defendant was ordered out of a hotel room for officer safety by crawling out. Viewed as a Terry stop, it lacked reasonable suspicion [so why decide it?] but the officers were there with arrest warrants, and that was reasonable under … Continue reading

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CA9: Federal civil suit seeking to revisit Guam Superior Court PC determination barred by abstention

A federal suit to have the Guam Superior Court revisit its probable cause determination in a criminal case is barred by Rooker-Feldman doctrine. Santos v. Superior Court of Guam, 2018 U.S. App. LEXIS 3433 (9th Cir. Feb. 14, 2018).

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