D.Utah: Defendant in prior dismissed federal action by state consumer protection agency refiled in state court won’t prevent state from using evidence obtained for that action

The state sued in federal court for relief, and it got a TRO, but the claim was later dismissed. Copies of records were made and originals returned. After the state sued in state court, the defendants sought application of the Fourth Amendment exclusionary rule to the copies, and the court refuses to get involved because of Younger abstention. Utah Div. of Consumer Prot. v. Stevens, 2020 U.S. Dist. LEXIS 4589 (D. Utah Jan. 9, 2020), prior opinion 398 F. Supp. 3d 1139 (D. Utah 2019).

A Birmingham rap concert was canceled because the star performer didn’t show. Nine off-duty officers were there for security. Their threat to arrest plaintiff for theft of services if he didn’t pay them on the spot and then demanding and taking his money stated a claim for relief and overcame qualified immunity. Martin v. Howard, 2020 U.S. App. LEXIS 830 (11th Cir. Jan. 10, 2020).*

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