CA6: Govt’s failure to argue standing below was mere “forfeiture” not “waiver”

The government can raise lack of standing for the first time on appeal unless it waived it below. At any rate, it can be reviewed for plain error. This also happened in United States v. Noble, 762 F.3d 509, 526-28 (6th Cir. 2014). “The government’s failure to raise the argument below was merely a forfeiture, not a waiver. … This is because the government took no steps to “expressly abandon” its objection. Denkins, 367 F.3d at 542. And, unlike in Noble, the government raised its objection to Russell’s standing in its opening brief on appeal. So the government didn’t waive its objection to Russell’s Fourth Amendment standing.” United States v. Russell, 2022 U.S. App. LEXIS 4241 (6th Cir. Feb. 16, 2022).

The “Court will dismiss all Plaintiff’s unlawful/false arrest, detention, or seizure claims under Heck as they necessarily would imply the invalidity of his underlying convictions for assault on a public servant and evading arrest or detention.” Crawford v. Pitts, 2022 U.S. Dist. LEXIS 27706 (N.D.Tex. Feb. 16, 2022).*