Daily Archives: November 20, 2018

CA6: § 1983 claim over search that led to conviction barred by Heck while excessive force claim not

Plaintiff filed a 1983 claim against the officers who searched his place while his criminal appeal was pending. The illegal search claim is barred by Heck v. Humphrey because it implies the invalidity of the conviction. His excessive force claim, … Continue reading

Posted in § 1983 / Bivens, Excessive force | Comments Off on CA6: § 1983 claim over search that led to conviction barred by Heck while excessive force claim not

E.D.Mich.: Govt showed basis to get SW for def’s blood to prove he wasn’t taking the oxy he was prescribed

Defendant’s oxycodone use was tipped to the police by an automated system that he was prescribed 50 oxys a day for five years [yet wasn’t dead]. “The indictment further alleges that from November 2012-November 2017, Defendant filled prescriptions on a … Continue reading

Posted in Body searches, Drug or alcohol testing, Probable cause | Comments Off on E.D.Mich.: Govt showed basis to get SW for def’s blood to prove he wasn’t taking the oxy he was prescribed