Category Archives: § 1983 / Bivens

D.N.M.: There was at least circumstantial evidence defs’ DNA would be found in evidence to justify SW for it

There was sufficient probable cause defendants were involved in a robbery and could be linked to evidence in the case for DNA samples to be taken from them by search warrants. “Although the Search Warrant lacks direct evidence that the … Continue reading

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HI: Moving to suppress seizure of pill bottle incident to arrest didn’t cover later search of the bottle; issue waived

Defendant’s challenge to removal of a pill bottle from his person did not preserve a challenge to search of the pill bottle at the police station. “In any event, we conclude that Sado’s argument on appeal is without merit. Officer … Continue reading

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C.D.Ill.: Ins. co. has standing to sue that audit would be 4A violation, and its claim is ripe. Motion to dismiss denied.

An insurance company subject to government audit has standing to challenge the legal basis for the audit. Its Fourth Amendment claim is ripe: “Fidelity’s Fourth Amendment claim in Count 1 presents a purely legal question, which renders the claim fit … Continue reading

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CA6: No reasonable officer could conclude there was PC for pft’s arrest

“When reviewing the information known to Seidl at the time of Zavatson’s arrest, we conclude that no reasonable officer could have believed, based on anything more than speculation, that Zavatson had committed the purported theft. As an initial matter, there … Continue reading

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CA6: Ptf’s guilty plea after losing suppression motion wasn’t collateral estoppel to § 1983 and Heck not implicated

Plaintiff sued over his body cavity search that was part of his state case. He litigated and lost in state trial court then pled guilty. His federal action does not implicate his conviction, and it can proceed under Heck v. … Continue reading

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CA10: Defs did not violate clearly established 4A law by accessing the Utah Controlled Substance Database on plaintiffs’ prescriptions

Defendants did not violate clearly established Fourth Amendment law by accessing the Utah Controlled Substance Database on plaintiffs’ prescriptions (and the Fourth Amendment claim goes undecided). Pyle v. Woods, 2017 U.S. App. LEXIS 21713 (10th Cir. Nov. 1, 2017):

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CA6: Plf’s stipulation there was PC in his criminal case that led to dismissal was judicial estoppel to bringing a civil case on the same facts

Plaintiff’s stipulation there was probable cause in his criminal case that led to dismissal was judicial estoppel to bringing a civil case on the same facts. Grise v. Allen, 2017 U.S. App. LEXIS 21358 (6th Cir. Oct. 26, 2017). The … Continue reading

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CA5: Search of wrong house leads to liability: “An officer who makes no reasonable effort to correctly identify the place to be searched does not get immunity merely because someone else was leading the search.”

Sloppy police work leading to a search of the wrong house on a warrant leads to loss of qualified immunity: “An officer who makes no reasonable effort to correctly identify the place to be searched does not get immunity merely … Continue reading

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S.D.Tex.: Officer’s belief that driver couldn’t stay in the passing lane wasn’t reasonable mistake

The officer’s belief that driving too long in the left lane of a divided highway was a traffic violation wasn’t reasonable because nothing in the statute allows that construction. Therefore, the stop was invalid. United States v. Buruato, 2017 U.S. … Continue reading

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CA9: Ptf has to plead well established law was violated for § 1983

Plaintiff has the burden of pleading well established law was violated by defendants’ conduct. Here, the law was “murky” on whether the actions of the plaintiff was probable cause. Thus, the officers get qualified immunity. Burgan v. Nixon, 2017 U.S. … Continue reading

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CA6: 4A claim barred by Heck so appeal summarily affirmed

Plaintiff’s civil rights Fourth Amendment claim is barred by Heck because it necessarily calls into question the validity of the underlying conviction. The claim is barred on its face, so qualified immunity is moot. West v. Saginaw Twp. Police Dep’t, … Continue reading

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CA2: Correcting the alleged false statements in affidavit still leaves PC so officials have QI

Deleting the allegedly false information from the affidavit for search warrant leaving it as a “corrected” affidavit under Franks, there still was a fair probability for probable cause. That there might be other explanations doesn’t undermine probable cause. Therefore, defendants … Continue reading

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