W.D.Mich.: Differing possessory interest claims in state and then federal court is estoppel

At a state show cause hearing, plaintiff disavowed any possessory or property interest in two pit bulls, so he’s estopped from claiming it in a § 1983 case over the dogs. Crandall v. Newaygo Cty., 2023 U.S. Dist. LEXIS 104374 (W.D. Mich. June 15, 2023).*

“While Schoonover’s right not to be unreasonably handcuffed is clearly implicated by his Fourth Amendment right to be free from unreasonable seizure, the Court finds that this seizure does not amount to ‘an obvious case’ such that Holcomb and Morris were on sufficient notice that their conduct—handcuffing Schoonover wrist-to-ankle—constituted an unreasonable seizure.” Schoonover v. Clay Cty. Sheriff’s Dep’t, 2023 U.S. App. LEXIS 14883 (4th Cir. June 15, 2023).*

Plaintiff’s claim of a fire department’s “practice of condoning aggressive behavior, resulting in a constitutional injury,” including “defendant’s ‘code of silence’ can give rise to a valid Monell claim,” with ‘a widespread practice that permeates a critical mass of an institutional body.’” This is not a Fourth Amendment violation. Giese v. City of Kankakee, 2023 U.S. App. LEXIS 14906 (7th Cir. June 15, 2023).*