Two private security guards searched defendant, allegedly without probable cause, and seized a gun off of him which they turned over to the police. This was purely a private search not implicating the Fourth Amendment. The court also declines to follow the “public function” analysis from some § 1983 cases. United States v. Talton, 2019 U.S. Dist. LEXIS 207722 (E.D. Mich. Dec. 3, 2019).
Plaintiff doesn’t show that his Tasing was for his speech such that the First Amendment was involved. He overcomes qualified immunity on the second of three Tasings, and remanded. The third Tasing appears reasonable. Jackson v. Stair, 2019 U.S. App. LEXIS 35855 (8th Cir. Dec. 3, 2019).*