{"id":18306,"date":"2015-08-05T07:16:25","date_gmt":"2015-08-05T12:16:25","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=18306"},"modified":"2015-08-05T07:30:02","modified_gmt":"2015-08-05T12:30:02","slug":"d-p-r-failure-to-challenge-standing-finding-in-rr-is-waiver","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=18306","title":{"rendered":"D.P.R.: Failure to challenge standing finding in R&#038;R is waiver"},"content":{"rendered":"<p>Defendant was found without standing to challenge a search of an apartment, and he didn\u2019t contest that in the R&#038;R, so that\u2019s binding. He did challenge the search of his person, and the case is remanded for further consideration of that. United States v. Corujo, 2015 U.S. Dist. LEXIS 98468 (D.P.R. July 27, 2015).<\/p>\n<p>Plaintiffs were arrested for felonious assault on a police officer, and their stories changed repeatedly during the litigation. The claim that they were arrested in their boxer shorts and denied clothing until dress out at the jail allegedly based on the officers\u2019 perceptions that they were gay failed to state a claim under the equal protection clause because their affidavits in opposition to to summary judgment were properly struck within the district court\u2019s discretion. <a href=\"http:\/\/www.ca6.uscourts.gov\/opinions.pdf\/15a0175p-06.pdf\">Ondo v. City of Cleveland<\/a>, 2015 U.S. App. LEXIS 13474 (6th Cir.  August 3, 2015).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Defendant was found without standing to challenge a search of an apartment, and he didn\u2019t contest that in the R&#038;R, so that\u2019s binding. He did challenge the search of his person, and the case is remanded for further consideration of &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=18306\">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],"tags":[],"class_list":["post-18306","post","type-post","status-publish","format-standard","hentry","category-45"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/18306","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=18306"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/18306\/revisions"}],"predecessor-version":[{"id":18307,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/18306\/revisions\/18307"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=18306"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=18306"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=18306"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}