Daily Archives: August 7, 2020

CA6: Handcuffing too tight overcame QI

Plaintiff stated a claim that overcame qualified immunity that she was handcuffed too tight causing injury. Ouza v. City of Dearborn Heights, 2020 U.S. App. LEXIS 24679 (6th Cir. Aug. 5, 2020).* 2255 petitioner’s Fourth Amendment claim is barred by … Continue reading

Posted in Excessive force, Issue preclusion | Comments Off on CA6: Handcuffing too tight overcame QI

AK: Omission was maybe reckless but PC on the remainder

The officer’s omission of the CI’s criminal charges from the affidavit for the search warrant was reckless at worst, but the totality of the affidavit showed the CI’s potential motives for providing information. Moreover, there was probable cause even without … Continue reading

Posted in Franks doctrine, Probable cause | Comments Off on AK: Omission was maybe reckless but PC on the remainder

D.Mont.: Officer had something at least close to RS to investigate def as a probation violator and there was no bad faith or flagrantly unreasonable action

If the officer didn’t have reasonable suspicion defendant was a probation violator, he had something really close to it. Also, nothing about the officer’s investigation was flagrant or in bad faith. United States v. Galliher, 2020 U.S. Dist. LEXIS 140901 … Continue reading

Posted in Good faith exception, Probation / Parole search | Comments Off on D.Mont.: Officer had something at least close to RS to investigate def as a probation violator and there was no bad faith or flagrantly unreasonable action

CA11: Duplex driveway here wasn’t curtilage

The district court did not err in finding defendant’s driveway of a duplex was not curtilage under the Dunn factors in light of Collins. United States v. Stephen, 2020 U.S. App. LEXIS 24803 (11th Cir. Aug. 6, 2020):

Posted in Curtilage | Comments Off on CA11: Duplex driveway here wasn’t curtilage

CA8: Ptf’s takedown was reasonable for his not responding to commands

Plaintiff was taken down because he didn’t properly respond to commands, and he suffered facial injuries. He was, however, so intoxicated and couldn’t remember what happened. He was also Tased. It was all reasonable based on what the officer was … Continue reading

Posted in Excessive force, Qualified immunity | Comments Off on CA8: Ptf’s takedown was reasonable for his not responding to commands