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Second Circuit Rules Police Not Entitled to Qualified Immunity After Failing to Comply With Terms of Material Witness Warrant
by Kevin Bliss
The U.S. Court of Appeals for the Second Circuit held that the detention of a prospective material witness for 18 hours in a holding cell instead of adhering to the terms of the material witness warrant violated plaintiff’s Fourth Amendment rights, and therefore the defendants …
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More from this issue:
- Judge orders Tacoma to pay fines, attorney fees over stingray records, by Dale Chappell
- $150,000 Settlement for Man Beaten by West Virginia State Police
- Ninth Circuit Reverses Conviction for Conspiracy to Smuggle Drugs Based Solely on ‘Drug Courier Profile’, by Christopher Zoukis
- First Circuit Holds Sixth Amendment Speedy Trial Clock Starts Upon Original, Not Superseding, Indictment When Based on Same Act or Scheme, by Dale Chappell
- Texas Woman Receives Five Years in Prison for Illegal Voting After Criminal Conviction, by Derek Gilna
- Ohio Governor Commutes Another Death Sentence
- Nevada Supreme Court Announces Testimony at Probation Revocation Hearing Inadmissible in Later Criminal Proceeding, by Dale Chappell
- Second Circuit Denies NYPD Qualified Immunity for Use of Military-Grade Acoustic Weapon on Peaceful Protesters, by Christopher Zoukis
- Brooklyn, New York’s Top Prosecutor Opens Door for Expungement of Pot Convictions, by Derek Gilna
- West Virginia Legislature Impeaches State Supreme Court Justices for Alleged Misconduct, by Derek Gilna
- News in Brief
- First Circuit Vacates Supervised Release Condition Effectively Prohibiting Contact with His Minor Children, by Matthew Clarke
- U.S. Supreme Court: Defendant Sentenced Pursuant to a Rule 11(c)(1)(C) Plea ‘Generally Eligible’ for Sentence Reduction when Guidelines Retroactivity Reduced, by Christopher Zoukis
- Federal Judge Orders New Orleans Municipal Court System to Reform Money Bail, by Derek Gilna
- D.C. Circuit Holds Generic Appeal Waiver Does Not Bar IAC Claim During Sentencing, by Dale Chappell
- Ninth Circuit Affirms $4 Million Verdict for Couple Shot by L.A. County Deputies During Warrantless Entry into Their Home, by Dale Chappell
- Civil Libertarians Concerned About Undisclosed FBI Research into Tattoo Recognition Technology, by Derek Gilna
- U.S. Supreme Court: Plainly Miscalculated Guidelines Range Requires Appellate Court to Vacate Sentence in the Ordinary Case, by Christopher Zoukis
- Indiana Supreme Court Announces Single Act of Resisting Police Bars Multiple Counts, Regardless of Number of Officers Involved or People Killed, by David Reutter
- Federal Judge Rules Cullman County, Alabama, Money Bond System Unconstitutional, by Derek Gilna
- Is a Florida Chief Judge Taking Cues From a Prosecutor?, by Jacqueline Azis, Somil Trivedi
- The Legacy of a Torturer, by Joan Parkin
- Report: Right to Trial Exists in Name. In Reality, Only 3% of Cases Go to Trial, by Steve Horn
- Man Who Lawfully Had Sex with Girlfriend, 17, Could Face Decades in Prison for Taking Sexually Explicit Photos of Her
- Rhode Island Supreme Court Takes on ‘Thorny Issues’ Presented by Sex Offender Registry Laws, by Christopher Zoukis
- $3 Million Federal Court Settlement: Philadelphia Agrees to End Civil Forfeiture, by Derek Gilna
- The Power of the Prosecutor: A Personal Account, by Ashley Sawyer
- Retaliation a Risk When Video Recording Police Brutality, by Kevin Bliss
- How to File a Police Complaint, by Kevin Bliss
- Kansas Supreme Court Holds Prosecutor’s Blatant Lies to Jury During Closing Argument Constituted Prosecutorial Misconduct Requiring Reversal of Murder Convictions, by Dale Chappell
- U.S. Customs and Border Protection’s New Fuzzy Math Clearly Results in Inflated Assault Figures, by Christopher Zoukis
- Federal Judge Orders Accused Hacker to Post Bail in Bitcoin or Other Cryptocurrency, by Derek Gilna
- Maryland Court of Appeals Announces Proper Procedure for In Banc Review, by Dale Chappell
- Do Las Vegas Prosecutors Routinely Ignore Discovery Disclosure Requirements?, by Matthew Clarke
- Fourth Circuit Affirms Ruling That Diagnosis of Intellectual Development Disorder Does Not Qualify as ‘Sexually Dangerous Person’ Under Federal Civil Commitment Statute, by Christopher Zoukis
- Second Circuit Rules Police Not Entitled to Qualified Immunity After Failing to Comply With Terms of Material Witness Warrant, by Kevin Bliss
- Will Groundbreaking California Bail Reform Help or Hinder Defendants’ Likelihood of Pre-Trial Release?, by Betty Nelander
- Tennessee’s Death Penalty Laws Cruel and Arbitrary, by Kevin Bliss
- Massachusetts Supreme Court Holds Seven-Year Delay and Inability to Receive Sex Offender Treatment While Awaiting SDP Trial Violates Due Process, by Dale Chappell
- New Jersey Supreme Court Holds DNA Exception Tolling Statute of Limitations Applies Only to Suspect Directly Identified by DNA, by Dale Chappell
- Texas Supreme Court Interprets State’s Expungement Statute, by David Reutter
- ACLU Sues ‘Crooked’ Public Defender in Georgia, by Edward Lyon
- Pennsylvania Police Use Hate Crime Law Against People Who Verbally Abuse Them, Dramatically Increasing Potential Jail Time, by Kevin Bliss
- Conviction Integrity Units, Innocence Commissions Tackle Wrongful Convictions, Prosecutorial Misconduct, by Steve Horn
- Documents Reveal How Law Enforcement Partners with Private Companies to Surveil Schools, by Steve Horn
More from Kevin Bliss:
- After Florida Appellate Court Holds Crimes of ‘Attempt’ Eligible for Incentive Gain Time, Supreme Court Refuses Review, Jan. 15, 2025
- LGBTQ+ Detainees at Rikers Island Suffer Under Mayor Adams, Sept. 15, 2023
- Government Watchdog Adds BOP to List at “High Risk” of Mismanagement, Sept. 15, 2023
- At Massive and Corrupt Philippine Prison, Contraband Includes Jacuzzis and Horses, Sept. 15, 2023
- Second Circuit Affirms $600,000 Punitive Damage Award to New York Prisoner Brutally Beaten by Guards, Sept. 15, 2023
- Maryland Sheriff Charged with Illegally Procuring Machine Guns from ATF, Sept. 15, 2023
- Voting Rights Restoration for Virginia Ex-Felons Once Again Subject to Governor’s Whim, Sept. 15, 2023
- Prison Profiteer Who Chairs Christian Seminary Board Called Not Very ‘Christlike’, Aug. 15, 2023
- Menstruation Weaponized Against Women in Prison, Aug. 15, 2023
- Idaho Revives Firing Squads, Aug. 15, 2023
More from these topics:
- Fourth Circuit Upholds Denial of Qualified Immunity to Jail Supervisors Who Ignored Detainee’s Cranial Abscesses, Oct. 1, 2026. Failure to Treat, Infections, Qualified Immunity, Fourteenth Amendment, rights, Deliberate Indifference.
- Sixth Circuit: Qualified Immunity Granted to Guard in Delayed Treatment for Prisoner who Suffered Heart Attack, Oct. 1, 2026. Pain, Cardiovascular, Failure to Treat, Qualified Immunity, Deliberate Indifference.
- Ninth Circuit Rules Favorably for Washington Prisoner Whose Writing Submission Was Censored, Oct. 1, 2026. Retaliation, Qualified Immunity, Mail Regulations, Censorship, First Amendment, rights.
- Eighth Circuit Reverses District Court’s Denial of Motion to Dismiss Some Defendants from Lawsuit Over Missouri Prisoner’s Suicide, Oct. 1, 2026. Qualified Immunity, Sovereign Immunity, Failure to Protect (Wrongful Death), Suicides, Deliberate Indifference.
- Second Circuit Affirms Denial of Qualified Immunity but Clarifies that 14th Amendment ‘Objective Reasonableness’ Is Standard of Review for Pretrial Detainee’s Claim of Sexual Abuse, Oct. 1, 2026. Staff-Prisoner Assault, Qualified Immunity, Fourteenth Amendment, rights, Pretrial Detention and Detainees, Wrongful Use of Force.
- Eighth Circuit Grants Summary Judgment to Sheriff and County of Nebraska Jail Where Guard Sexually Assaulted Female Prisoner, Oct. 1, 2026. Staff-Prisoner Assault, Failure to Protect (General), Qualified Immunity, Failure to Train/Supervise, Monell Liability.
- Second Circuit Rules Eighth Amendment Governs Claims of Excessive Force Brought by Parole Violator, Oct. 1, 2026. Eighth Amendment, Excessive Force, Qualified Immunity, 42 U.S. Code § 1983, civil action for deprivation of rights, Probation, Parole & Supervised Release.
- Eight Circuit Reverses Denial of Partial Qualified Immunity in Detainee’s Pepper Ball Claim, Remands Excessive Force Claims, Sept. 1, 2026. Guard Brutality/Beatings, Stun Guns/Tasers, Pepper Spray/Tear Gas, Qualified Immunity, Wrongful Use of Force.
- Fourth Circuit Affirms Qualified Immunity in Strip Searches Resulting from Anonymous Tips, Sept. 1, 2026. Strip Searches, Qualified Immunity, Fourth Amendment, rights, Suspicionless Searches.
- $11 Million Paid by Boston to Exonerated Prisoner for 37-Year Wrongful Incarceration, Sept. 1, 2026. Settlements, Wrongful Conviction, Wrongful Imprisonment, Monell Liability, Withholding of Exculpatory Evidence.
