Daily Archives: February 1, 2022

W.D.Ky.: Confiscation of legal mail in prison is a 1A claim, not a 4A

“Because it is the First and Fourteenth Amendment, and not the Fourth Amendment’s prohibition against unreasonable search and seizure that protects against the reading and confiscation of legal mail by prison officials, the Court will dismiss Plaintiff’s Fourth Amendment claim … Continue reading

Posted in Mail and packages, Prison and jail searches, Standing | Comments Off on W.D.Ky.: Confiscation of legal mail in prison is a 1A claim, not a 4A

E.D.Mich.: No standing to claim knock-and-announce violation of another’s house

Plaintiff has no standing to complain of a knock-and-announce violation of another person. “Here, Plaintiff does not even claim that he had a legitimate expectation of privacy in McMullen’s house. But even if he did make such a claim, the … Continue reading

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CA1 denies rehearing en banc on Jardines and denies qualified immunity

French v. Merrill, 2022 U.S. App. LEXIS 2625 (1st Cir. Jan. 28, 2022) (3-3*) (panel decision 15 F.4th 116 (1st Cir. Oct. 1, 2021)). On why rehearing should not be granted:

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