Daily Archives: August 11, 2017

CA5: Ptf in a 4A § 1983 case has to plead violation of a “clearly established right” to get over QI in complaint

Although an arrestee adequately alleged that members of a parish council and sheriff’s office maliciously conspired to prosecute him under an unconstitutional statute in retaliation for online comments about council members, his right was not clearly established because there was … Continue reading

Posted in Arrest or entry on arrest, Burden of pleading, Franks doctrine, Qualified immunity | Comments Off

CA8: Halfway house resident’s cell phone subject to suspicionless search

Defendant’s cell phone was subject to search when he resided at a residential reentry program after release from an FCI. Child porn was found on the phone. Defendant’s reliance on Riley’s warrant requirement is misplaced. Yes, this is a cell … Continue reading

Posted in Cell phones, Probation / Parole search | Comments Off

Getting caught up after a jury trial

Posted in Uncategorized | Comments Off