S.C.: Franks violation can support a § 1983 claim

A Franks violation can support a § 1983 claim. Manuel v. City of Joliet, Ill., 137 S. Ct. 911, 919 (2017). Carter v. Bryant, 2020 S.C. App. LEXIS 6 (Jan. 15, 2020).

The arresting officers were entitled to qualified immunity on an excessive force claim because once the arrestee had ignored repeated warnings to drop his weapon, so they had ample reason to fear for their safety such that their use of force was reasonable under the circumstances. Ratliff v. Aransas County, 2020 U.S. App. LEXIS 1348 (5th Cir. Jan. 15, 2020).*

The video supported the factual basis for the stop–that the exhaust was too loud. Plain view of drug paraphernalia in the car was reasonable suspicion. United States v. Blandford, 2020 U.S. Dist. LEXIS 6898 (D. Minn. Jan. 15, 2020).*

This entry was posted in § 1983 / Bivens, Franks doctrine, Plain view, feel, smell, Qualified immunity. Bookmark the permalink.

Comments are closed.