{"id":56194,"date":"2023-10-31T05:17:36","date_gmt":"2023-10-31T10:17:36","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=56194"},"modified":"2023-10-31T10:14:59","modified_gmt":"2023-10-31T15:14:59","slug":"ca4-no-absolute-immunity-for-a-judge-involved-in-search-of-his-ex-wifes-property-over-their-divorce","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=56194","title":{"rendered":"CA4: No absolute immunity for a judge involved in search of ex’s property over their divorce"},"content":{"rendered":"\n

\u201cWe consider in this appeal whether a judge who participates in the search of a litigant’s home is entitled to judicial immunity for actions related to the search. Judge Louise Goldston went to Matthew Gibson’s residence to look for items he had failed to turn over to his ex-wife after their divorce. She entered his home over his objections after threatening him with arrest should he try to stop her. She then supervised the seizure of designated items in the house. The only question before us is whether judicial immunity shields these acts. We hold it does not. Judicial immunity protects only judicial acts. It does not shield the conduct of judges who step outside their judicial role, as Judge Goldston did when searching Gibson’s home.\u201d The judge was also barefoot during part of the search. Gibson v. Goldston<\/a>, 2023 U.S. App. LEXIS 28744 (4th Cir. Oct. 30, 2023).<\/p>\n\n\n\n

There is no reasonable expectation of privacy in an IP address which is third-party information. United States v. Milligan, 2023 U.S. Dist. LEXIS 193558 (E.D. Mich. Oct. 27, 2023).*<\/p>\n\n\n\n

Plaintiff\u2019s Bivens claim is likely doubtful, but whether Bivens applies doesn\u2019t even have to be decided because the statute of limitations bars the claim. Foster v. Guillou, 2023 U.S. App. LEXIS 28752 (11th Cir. Oct. 30, 2023).*<\/p>\n","protected":false},"excerpt":{"rendered":"

\u201cWe consider in this appeal whether a judge who participates in the search of a litigant’s home is entitled to judicial immunity for actions related to the search. Judge Louise Goldston went to Matthew Gibson’s residence to look for items … Continue reading →<\/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":[45,91,18,16],"tags":[],"class_list":["post-56194","post","type-post","status-publish","format-standard","hentry","category-45","category-neutral-and-detached-magistrate","category-reasonable-expectation-of-privacy","category-warrant-execution"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/56194","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=56194"}],"version-history":[{"count":3,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/56194\/revisions"}],"predecessor-version":[{"id":56200,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/56194\/revisions\/56200"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=56194"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=56194"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=56194"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}