Daily Archives: November 23, 2024

CA10: “Bivens is now all but dead.”

“Bivens is now all but dead.” Rowland v. Matevousian, 2024 U.S. App. LEXIS 29406 (10th Cir. Nov. 19, 2024). But we already knew that. Not a Fourth Amendment case, but a prison denial of medical care, but that’s where Bivens … Continue reading

Posted in § 1983 / Bivens | Comments Off on CA10: “Bivens is now all but dead.”

IN: Handswabbing for evidence doesn’t require advice of rights under state constitution

Handswabbing didn’t require advice of Pirtle rights under Indiana Constitution. DNA swabs don’t. Owens v. State, 2024 Ind. App. LEXIS 316 (Nov. 20, 2024).* The false statements in the affidavit for warrant were neither reckless nor intentional nor even material. … Continue reading

Posted in DNA, Franks doctrine, Rule 41(g) / Return of property, State constitution | Comments Off on IN: Handswabbing for evidence doesn’t require advice of rights under state constitution