{"id":58031,"date":"2024-06-08T16:03:25","date_gmt":"2024-06-08T21:03:25","guid":{"rendered":"https:\/\/fourthamendment.com\/?p=58031"},"modified":"2024-06-08T16:03:25","modified_gmt":"2024-06-08T21:03:25","slug":"w-d-ark-4a-%c2%a7-1983-case-stayed-under-younger-for-ptf-to-litigate-in-state-court","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=58031","title":{"rendered":"W.D.Ark.: 4A \u00a7 1983 case stayed under <em>Younger<\/em> for ptf to litigate in state court"},"content":{"rendered":"\n<p>\u201cHere, Plaintiff seeks compensatory and punitive damages for his improper search, seizure, and entrapment claims. Plaintiff has not alleged he is prevented from bringing his \u2018entrapment,\u201d search and seizure claims in state court. Accordingly, it is appropriate, pursuant to the Younger doctrine, to stay Plaintiff&#8217;s Fourth Amendment claims against Defendants until his state criminal case concludes.\u201d Tate v. Jackson, 2024 U.S. Dist. LEXIS 99105 (W.D. Ark. May 13, 2024), adopted, 2024 U.S. Dist. LEXIS 98282 (W.D. Ark. June 3, 2024).<\/p>\n\n\n\n<p>The warrant for defendant\u2019s iCloud account was not overbroad. The crime was alleged to be August 2022, but the warrant extended to April 2023, and justification was shown. Defendant\u2019s further claim this is barred as a geofence warrant fails because it\u2019s simply not. United States v. Byrd, 2024 U.S. Dist. LEXIS 98748 (E.D. Pa. June 4, 2024).*<\/p>\n\n\n\n<p>Plaintiff\u2019s Fourth Amendment claim accrued when she turned 18, and she was aware of what happened. Barred by SoL. Doe v. City View Indep. Sch. Dist., 2024 U.S. Dist. LEXIS 98831 (N.D. Tex. June 4, 2024).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>\u201cHere, Plaintiff seeks compensatory and punitive damages for his improper search, seizure, and entrapment claims. Plaintiff has not alleged he is prevented from bringing his \u2018entrapment,\u201d search and seizure claims in state court. Accordingly, it is appropriate, pursuant to the &hellip; <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=58031\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[45,121,12],"tags":[],"class_list":["post-58031","post","type-post","status-publish","format-standard","hentry","category-45","category-abstention","category-computer-searches"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/58031","targetHints":{"allow":["GET"]}}],"collection":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=58031"}],"version-history":[{"count":1,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/58031\/revisions"}],"predecessor-version":[{"id":58032,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/58031\/revisions\/58032"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=58031"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=58031"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=58031"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}