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Article • November 15, 2011
Filed under: Searches, Police Searches
CDOC Agrees to Pay $10,000 to Settle Suit Alleging Unlawful Search of a Home by On April 16, 2009, the California Department of Corrections (CDOC) agreed to pay $10,000 to a woman after CDOC staff unlawfully entered her home. Rita Baldwin sued the CDOC after undercover CDOC agents entered her …
Smith v. City of Oakland, Order Approving Punitive Damages, Public Parole Strip Search, 2011 Case3:07-cv-06298-MHP Document82 Filed11/03/11 Page1 of 9 1 2 3 4 5 UNITED STATES DISTRICT COURT 6 NORTHERN DISTRICT OF CALIFORNIA 7 8 9 No. 07-6298 MHP JOHN SMITH, KIRBY BRADSHAW, SPENCER LUCAS, et al., United States …
Brief • October 26, 2011
Terebesi v. Solomon, CT, Terebesi's 2nd Amended Complaint, Botched SWAT Raid, 2011 Case 3:09-cv-01436-JBA Document 177 Filed 10/28/11 Page 1 of 23 UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT ----------------------------------------------------------------------->< SUSANA GUIZAN, as administrator of the ESTATE OF GONZALO GUIZAN, Plaintiff, V. TOWN OF EASTON; JOHN F. SOLOMON, Individually and …
Brief • September 22, 2011
Butano v. County of Orange, CA, Amended Complaint, Warrantless Search & Excessive Force, 2011 Case 8:11-cv-00691-CJC-MLG Document 16 Filed 09/22/11 Page 1 of 25 Page ID #:234 Case 8:11-cv-00691-CJC-MLG Document 16 Filed 09/22/11 Page 2 of 25 Page ID #:235 Case 8:11-cv-00691-CJC-MLG Document 16 Filed 09/22/11 Page 3 of 25 …
Article • July 15, 2011
Ninth Circuit: Warrantless Parole Search Unconstitutional Where &quot;Residence&quot; Was Only an &quot;Emergency Address&quot; Listed Years Earlier by John Dannenberg Ninth Circuit: Warrantless Parole Search Unconstitutional Where "Residence" Was Only an "Emergency Address" Listed Years Earlier By John E. Dannenberg The Ninth Circuit U.S. Court of Appeals ruled that a warrantless …
Article • July 15, 2011
Citizen Occupants of Probationer's Residence May Be Lawfully Detained by Michael Brodheim By Michael Brodheim A divided Ninth Circuit panel has held that police officers may lawfully detain the citizen occupants of a home during a probation compliance search. Oscar Sanchez was incarcerated in state prison in 2003, when a …
Article • May 15, 2011
Raid of Wrong House Results in $300,000 Judgment Against United States by Brandon Sample By Brandon Sample A federal judge has awarded $300,000 to a woman whose house was wrongfully raided by agents from the ATF. On February 25, 2004, agents from the ATF executed a search warrant at Lillian …
Article • March 15, 2011
$7,000 Settlement in False Arrest, &#167;1983 Suit Related to Search for Parolee by $7,000 Settlement in False Arrest, §1983 Suit Related to Search for Parolee On November 7, 2007, the State of Washington agreed to settle a 42 U.S.C. §1983 suit brought by the parents of a DOC parolee who …
Brief • July 20, 2010
Filed under: Police Searches
Carter v. United States, NY, Order ATF Raid Wrongful Search, 2010 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK ------------------------------------------------------x LILLIAN CARTER, RUSSELL CARTER, CHAD CARTER, TERRANCE WILSON, and VIRGIL WILLIAMS, Plaintiffs, MEMORANDUM AND ORDER Case No. 04-CV-4880 (FB) (JMA) -againstUNITED STATES OF AMERICA, Defendant. --------------------------------------------------------x Appearances For Plaintiffs: …
Article • June 15, 2010 • from PLN June, 2010
$315,000 Settlement in Illegal Arizona Police Strip Search by The City of Scottsdale, Arizona paid $315,000 to settle a lawsuit claiming that a police officer illegally strip searched a citizen after responding to a 911 call. When Heather Tonarelli, 19, and her friend Chris Smith heard loud knocks on Tonarelli’s …
&quot;Mere Propinquity&quot; Not Sufficient Probable Cause for Search of Home by "Mere Propinquity" Not sufficient Probable Cause for Search of Home On March 22, 2006, a Sheriff’s Deputy was shot and killed while conducting a traffic stop in Bernalillo County, New Mexico. The search for the primary suspect in the …
Brief • March 10, 2010
Taylor v. City of Oakland, CA, Habeas Writ for Witness Engram, Roadside Strip Search, 2010 Case3:04-cv-04843-MHP Document177 Filed03/10/10 Page1 of 3 4 JOHN L. BURRIS, Esq./ State Bar #69888 BENJAMIN NISENBAUM, Esq./State Bar #222173 LAW OFFICES OF JOHN L. BURRIS Airport Corporate Centre 7677 Oakport Street, Suite 1120 Oakland, California …
New Mexico County Immigrant Neighborhood Searches Enjoined by A New Mexico federal district court has issued a preliminary injunction that prohibits the County of Otero from engaging in “unconstitutional stops, searches, seizures, and discrimination pursuant to ‘operation Stonegarden,’” which seeks to round up illegal immigrants. Before the Court was the …
Article • September 15, 2009 • from PLN September, 2009
U.S. Supreme Court Recedes from Saucier’s Mandatory Provisions for Determining Qualified Immunity Claims by David Reutter by David M. Reutter The U.S. Supreme Court has retreated from a mandatory procedural practice for resolving government officials’ qualified immunity claims, leaving it to the discretion of lower courts as to which prong …
No Fourth Amendment Violation for Monitoring Attorney-Client Conversations by When a prisoner consents to the monitoring of calls over a jailhouse telephone, no Fourth Amendment violation exists if the government records calls made to an attorney, the U.S. Court of Appeals for the First Circuit decided June 30, 2008. Scott …
False Imprisonment, False Arrest and Malicious Prosecution Claims Cognizable Under FTCA by The Eleventh Circuit Court of Appeals has held that the United States has waived sovereign immunity under the Federal Tort Claims Act (FTCA) for claims alleging false imprisonment, false arrest and malicious prosecution arising out of acts or …
Houston District Attorney Caught in E-mail Scandal, Resigns, Held in Contempt by Gary Hunter Houston District Attorney Caught in E-mail Scandal, Resigns, Held in Contempt by Gary Hunter Racist jokes, sexually explicit photos, love notes to his mistress and evidence of improper political campaigning were found in the e-mail account …
Article • August 15, 2008
Federal Prisoner's Bivens Action Claiming Civil Rights Violations During Arrest and Prosecution Reinstated by Donald Jackman, a federal prisoner, sued fifty-one defendants in federal district court under Bivens and 42 U.S.C. § 1983, claiming they had violated his civil rights in various ways during his arrest and criminal prosecution. The …
Article • August 15, 2008 • from PLN August, 2008
Over $6 Million Awarded in Oakland, California Parolee’s False Arrest Suit by John Dannenberg by John E. Dannenberg A federal jury awarded $6,058,000 in damages to a parolee and his girlfriend for outrageous conduct by Oakland, California city police (OPD) when they broke into his residence, told him they had …
Article • August 15, 2008
Criminal Conviction Doesn’t Bar Search Warrant Suit by The plaintiff could pursue Fourth Amendment claims arising from his criminal prosecution, notwithstanding the Heck rule and collateral estoppel, since the trial court's ruling that the search was pursuant to a valid warrant was not necessary to the criminal conviction, and hence …
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