M.D.Fla.: Civilly committed sexually violent predator was effectively in prison for his 4A claim against room search

“Spaulding is civilly committed to the Florida Civil Commitment Center (‘FCCC’) under the Sexual Violent Predators Act” and his Xbox and blu-ray player were seized because having them wasn’t appropriate for his custody level. His due process and Fourth Amendment claims fail. It’s the same as if he’s in jail. For the due process claim, he has a post-deprivation remedy. Spaulding v. Sawyer, 2020 U.S. Dist. LEXIS 167068 (M.D. Fla. Sept. 14, 2020).

Arguable probable cause for plaintiff’s arrest in a sex case later dismissed was qualified immunity. The alleged Franks violation of omission of alleged exculpatory information wasn’t sufficient to call the probable cause into doubt. Matthews v. McNeil, 2020 U.S. App. LEXIS 29025 (8th Cir. Sept. 14, 2020).*

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