NY1: Issue of fact on PC precludes SJ of assault and battery claim

An “issue of fact as to probable cause for [an] arrest precludes summary dismissal of [an] assault and battery claim”. Burgos-Lugo v. City of New York, 2017 NY Slip Op 00534, 2017 N.Y. App. Div. LEXIS 536 (Jan. 26, 2017).*

Petitioner’s guilty plea waived his Fourth Amendment claim, and he couldn’t bring it on habeas. Converse v. Kirkegard, 2016 Mont. LEXIS 1131 (Nov. 22, 2016).*

Defense counsel wasn’t ineffective for not challenging the probable cause for his arrest in his own room with drugs. Raymond v. United States, 2017 U.S. Dist. LEXIS 8966 (S.D.Fla. Jan. 20, 2017).*

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