Week of February 2, 2024

Snitko v. United States

Submitted by Re'Neisha Stevenson on Mon, 02/12/2024 - 13:20

FBI's inventory searches of safe deposit boxes seized pursuant to warrant from self-storage facility that government was investigating for various criminal activities, including money laundering, did not fall within scope of inventory search exception to warrant requirement, even though FBI had standardized inventory search policy, where FBI conducted inventory searches pursuant to supplemental instructions designed specifically for facility; government exceeded scope of warrant authorizing seizure of safe deposit boxes from self-storage facility; warrant specifically did not authorize crim

Johnson v. Nocco

Submitted by Re'Neisha Stevenson on Mon, 02/12/2024 - 13:17

Not clearly established that deputy violated arrestee's Fourth Amendment rights in requiring him to identify himself during lawful traffic stop; N.B. there are three separate opinions in this case, including one dissent thus it’s unclear what precedential value it has with respect to the reasoning.

Nelson v. Tompkins

Submitted by Re'Neisha Stevenson on Mon, 02/12/2024 - 13:13

Jail's intake officer had fair warning that it was unconstitutional not to prevent the placement of a white detainee alone with cellmate who had stabbed a stranger solely for being white two days before; officer not entitled to qualified immunity from § 1983  action alleging violation of due process based on officer's alleged failure to protect detainee from being killed by cellmate; clearly established that prison officials had duty to take reasonable action to protect prisoners from violence at the hands of other prisoners, and also clearly established that officer violated duty if he kne

Barnes v. Felix

Submitted by Re'Neisha Stevenson on Mon, 02/12/2024 - 13:11

Excessive force inquiry is confined to whether the officers or other persons were in danger at the moment of the threat that resulted in the officers' use of deadly force; the officers' actions leading up to the shooting are not relevant for the purposes of an excessive force inquiry in the Fifth Circuit.