Daily Archives: January 10, 2021

D.Del.: Videotaping an otherwise valid prison strip search isn’t a per se 4A violation

“Plaintiff does not allege that the search itself violated his rights but, rather, it is the recording of the search that he finds objectionable.” “[U]sing a camera to record a strip search in a prison does not, by itself, amount … Continue reading

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CA10: Ptf’s conviction barred his 1983 claim because it established facts against him under Heck

“Mr. Birch’s convictions preclude him from establishing a genuine issue of material fact as to his Fourth Amendment excessive force claims against Officers Sinclair, Page, and Stout, Fourteenth Amendment malicious prosecution claims, and Fourth Amendment false arrest claims. In dismissing … Continue reading

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D.Colo.: Failure to call the officers with enough information to show collective knowledge as witnesses made govt fail in its burden of proof

The government failed to prove collective knowledge at the hearing on the motion to suppress. A critical witness to collective knowledge wasn’t called. United States v. De La Rosa-Calderon, 2021 U.S. Dist. LEXIS 3378 (D. Colo. Jan. 7, 2021):

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CA6: 4A 1983 claim brought after state court reversal on search claim was untimely

Plaintiff’s 1983 unreasonable search claim is untimely. He brought the claim after his state appeal reversed his conviction on a bad search. “Dibrell’s claim is untimely under these rules. His detention ended on February 18, 2014, when he was released … Continue reading

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