E.D.Wis.: Threat to arrest high school student for social media post about Covid violates 1A

Officer’s threatening to arrest a high school student and her parents for disorderly conduct if she didn’t take down a social media post about her exposure to Covid violated the First Amendment. Cohoon v. Konrath, No. 20-cv-0620-BHL (E.D.Wis. Sept. 24, 2021).

“Petitioner does contend that the evidence he seeks will ‘prove’ that he was ‘illegally arrested way before the line-up even took place.’ Id. This claim sounds in the Fourth Amendment, suggesting that Petitioner believes he was arrested without probable cause and that the subsequent line-up constitutes the fruit of that poisonous tree. This assertion, however, cannot be a basis for habeas review in light of Stone v. Powell, 428 U.S. 465, 494 (1976).” Daniels v. Royce, 2021 U.S. Dist. LEXIS 185768 (E.D.N.Y. Sept. 28, 2021).*

Defendant’s 2255 challenged defense counsel’s “failure to prepare” for his suppression hearing on a Franks issue. The crux of the issue, however, is defense counsel found no false statements and defendant doesn’t even point any out. United States v. Dehate, 2021 U.S. Dist. LEXIS 186535 (E.D.Mich. Sept. 29, 2021).*