CA9: PC determination in underlying criminal case precludes review in later § 1983 case

Plaintiff’s probable cause determination in his underlying criminal case was given preclusive effect in his later § 1983 case. Wilcox v. City of L.A., 2022 U.S. App. LEXIS 24350 (9th Cir. Aug. 29, 2022).

Plaintiff overcame qualified immunity. “Under Louisiana law, ‘the physical attack of a private citizen by a police officer absent a valid arrest constitutes a battery.’ ‘Louisiana’s excessive force tort mirrors its federal constitutional counterpart.’ The pertinent factors for assessing excessive force under Louisiana law align with those under the Fourth Amendment.” Greene v. Demoss, 2022 U.S. App. LEXIS 24329 (5th Cir. Aug. 29, 2022) (footnotes omitted).*

The search warrants for defendant’s cell phone information were not tainted by any prior illegality and were issued with probable cause. United States v. Gist-Holden, 2022 U.S. Dist. LEXIS 154916 (N.D. Ind. Aug. 29, 2022).*

Considering the “great deference” given the probable cause showing for a search warrant, this warrant was issued with probable cause. Moreover, the good faith exception applies to it. United States v. Blume, 2022 U.S. Dist. LEXIS 155033 (S.D. W. Va. Aug. 29, 2022).*

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