E.D.N.Y.: Fruit of the poisonous tree doctrine doesn’t apply in § 1983 cases in CA2

The fruit of the poisonous tree doctrine doesn’t apply in § 1983 cases in the Second Circuit. Therefore, illegally seized evidence can be considered for probable cause to arrest. Smith v. Degirolamo, 2020 U.S. Dist. LEXIS 176310 (E.D. N.Y. Sept. 25, 2020).*

The officer was not entitled to qualified immunity for shooting a previously aggressive person who stabbed the officer in the arm with scissors but posed no threat at the time of the shooting. Lam v. City of Los Banos, 2020 U.S. App. LEXIS 30638 (9th Cir. Sept. 25, 2020).*