Daily Archives: October 28, 2017

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

Posted in § 1983 / Bivens, Probable cause, Reasonable suspicion | Comments Off

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

Posted in § 1983 / Bivens, Particularity, Qualified immunity | Comments Off

D.N.M.: Def doesn’t make a sufficient showing of some discriminatory effect to get further discovery of selective enforcement

Defendant doesn’t make a sufficient showing of some discriminatory effect to get further discovery of selective enforcement against African-Americans. United States v. Laneham, 2017 U.S. Dist. LEXIS 176486 (D. N.M. Oct. 25, 2017):

Posted in Pretext | Comments Off