CA3: No suppression hearing needed on the mere chance something will turn up

The request for an evidentiary hearing on a suppression motion based on the mere hope something might turn up is really just speculation and should be denied. United States v. Dfouni, 2021 U.S. App. LEXIS 15091 (3d Cir. May 19, 2021).

At the § 1997e screening phase, plaintiff who might only be able to recover nominal damages still states a claim. Bartleson v. Parker, 2021 U.S. App. LEXIS 14957 (6th Cir. May 19, 2021).

Plaintiff’s claim his jail strip search was “sexually abusive” didn’t state a claim for relief because it was found to still be reasonable. Hunter v. Palmer, 2021 U.S. App. LEXIS 14961 (6th Cir. Mar. 19. 2021).*

2255 petitioner doesn’t get the benefit of Carpenter because it factually and legally didn’t even apply to the case, it was waived by the guilty plea, and it doesn’t apply on collateral review [not to mention good faith]. Graybeal v. United States, 2021 U.S. Dist. LEXIS 96368 (E.D. Tenn. May 21, 2021).*

This entry was posted in § 1983 / Bivens, Burden of pleading, Strip search, Suppression hearings. Bookmark the permalink.

Comments are closed.