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Federal Officers Can Violate Civil Rights With Near Impunity - Supreme Court’s Refusal to Consider New Bivens Contexts Provides Protection to Those Who Abuse Their Authority
Loaded on June 15, 2022
by Casey Bastian
published in Criminal Legal News
July, 2022, page 40
Filed under:
Abuse of Discretion Standard,
Immunity - Absolute and Qualified.
Location:
United States of America.
by Casey J. Bastian
The civil rights we all inherently possess, and that are ostensibly still protected by the U.S. Constitution, would be rendered meaningless if no redress were available for having been violated. The ability to vindicate these rights in a court of law should itself be a fundamental ...
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More from this issue:
- Blue Lies Matter, by Nia T. Evans
- Missouri Supreme Court: Witness’ Two-Way Live Video Feed Testimony Violates Confrontation Clause, by Jacob Barrett
- Federal Habeas Corpus: Jurisdictional Pitfalls When Seeking Habeas Relief, by Dale Chappell
- New Jersey Supreme Court: Description of Race and Gender of Robbery Suspects, Without More, Doesn’t Constitute Reasonable Suspicion for Investigatory Traffic Stop of Black Motorists, by Mark Wilson
- Commentary: Attacking the Guilty Plea—Court Cautions More Time Possible in Child Porn Case if Post-Conviction Motion Successful, by Dale Chappell
- SCOTUS: No Procedural-Default Exceptions to Excuse Federal Habeas Evidentiary Hearing Bar, by Dale Chappell
- Ohio Supreme Court: Constitutionality of Indeterminate Sentence Under Reagan Tokes Law May Be Challenged on Direct Appeal, by David M. Reutter
- Idaho Supreme Court: Telephonic Testimony Violated Defendant’s Sixth Amendment Right to Confrontation, by David M. Reutter
- Ninth Circuit Holds Statute Criminalizing Encouraging or Inducing Alien to Reside in U.S. Is Overbroad and Facially Unconstitutional, by Mark Wilson
- Federal Prosecutors Directed to Stop Obtaining Compassionate Release Waivers From Defendants During Plea Agreements and to Not Enforce Previously Obtained Waivers, by Harold Hempstead
- Cop Training Other Cops to Use Facial Recognition to ID Individuals During Traffic Stops, by Anthony Accurso
- Seventh Circuit: District Court’s Failure to Exercise Discretion After Erroneously Finding Defendant Ineligible for Relief Under First Step Act Was Abuse of Discretion, by Douglas Ankney
- Seventh Circuit Vacates Sentence Where District Court’s Rationale for Defendant’s Offense Level Unclear, by Douglas Ankney
- Supreme Court of Iowa: Sentence Vacated Because Prosecution Failed to Follow Spirit of Plea Agreement Requiring Recommendation of Suspended Sentence, by David M. Reutter
- California Court of Appeal: Trial Court Violated Humphrey by Setting High Bail Without Considering Financial Condition of Defendant or Nonfinancial Conditions of Release, by Matthew Clarke
- U.S. Treasury Bypasses Fourth Amendment by Buying Location Data for Law Enforcement Purposes, by Anthony Accurso
- Texas Court of Criminal Appeals Announces Coty’s ‘Inference-of-Falsity’ Framework Extended to Apply to Police Officers With Established History of Falsifying Evidence in Drug Cases, by Richard Resch
- The Feds Are Monitoring Messaging Apps, and Some Are Shockingly Unsecure, by Anthony Accurso
- Cops in Virginia Beach Used Fake DNA Reports During Interrogations, by Douglas Ankney
- Tenth Circuit Vacates Special Conditions of Supervised Release Where District Court Failed to Make Appropriate Findings and Provide Adequate Explanation, by Douglas Ankney
- Fourth Circuit: Good Cause Not Required to Withdraw Consent to Magistrate Judge’s Jurisdiction Prior to Other Parties Consenting, by Harold Hempstead
- Kentucky Supreme Court: Traffic Stop Impermissibly Extended Where Officer Stopped Writing Citation to Aid Drug-Detection Dog’s Sniff of Vehicle’s Exterior, by Anthony Accurso
- New Jersey Supreme Court: Youth May Be Considered as a Mitigating Factor but Not Aggravating Factor in Sentencing, by David Reutter
- Texas Court of Criminal Appeals Announces Overruled Motion for New Trial May Be Amended With Court’s Leave Within 30-Day Period After Sentenced Imposed, by Matthew Clarke
- Tenth Circuit Announces District Court Abused Discretion by Imposing Harsher Sentence Based on Defendant’s Decision to Plead Guilty Without Plea Agreement, by David Reutter
- Expert Forensic Testimony Flawed by Implicit Racial Bias, by Casey Bastian
- Oregon Becomes 38th State to Enact Wrongful Conviction Compensation Law, by Mark Wilson
- Federal Officers Can Violate Civil Rights With Near Impunity - Supreme Court’s Refusal to Consider New Bivens Contexts Provides Protection to Those Who Abuse Their Authority, by Casey Bastian
- Organization Created Platform to Log Police Misconduct in North Carolina, by Ashleigh Dye
- A Union Scandal Landed Hundreds of NYPD Officers on a Secret Watchlist. That Hasn’t Stopped Some From Jeopardizing Cases., by Jake Pearson
- Police Outsourcing Reduces Transparency, by Anthony Accurso
- COVID-19 Measures Do Not Interfere with Jurors’ Ability to Distinguish Between Truth and Lies, by Casey Bastian
- The Right to be Forgotten, by David Reutter
- Oregon Bans Pre-Conviction Mugshot Public Disclosure, by Mark Wilson
- Racially Disparate Sentencing Patterns Prevalent Amongst Federal Judges, by Casey Bastian
- What Happened When Oakland Tried to Make Police Pay For Misconduct Decades Ago, by Akintunde Ahmad
- Council of State Governments Initiates Efforts to Reduce Barriers to Employment for the Formerly Incarcerated, by Douglas Ankney
- News in Brief
More from Casey Bastian:
- Examining Pro-Prosecution Bias in the Judiciary: Unconscious Biases of a Prosecutorial Background, Feb. 15, 2025
- The Rise of Mass Supervision: From Rehabilitative Alternative to Shadow Carceral State, Oct. 1, 2024
- Demonstrable Remorse, Psychiatric Diagnoses, and Alternatives to Incarceration, Aug. 1, 2024
- Minnesota Sex Offender Program: The Indefinite Detention of the Reviled, Aug. 1, 2024
- The 153 Exonerations in 2023 Include 19 Resulting From Threats or Sentences of Death, July 15, 2024
- Four Dead in One Month in San Bernardino County Jails, $3,232,500 in Settlements Paid So Far, March 1, 2024
- Dangerous Encounters: Interactions Between Autistic Individuals and Law Enforcement, Dec. 15, 2023
- U.S. Sentencing Commission Publishes Compassionate Release Datafile for Fiscal Years 2020-2022, Oct. 1, 2023
- Two Dead and $4.675 Million Paid After Deputies’ Alleged Misconduct in California’s Sonoma County, Sept. 15, 2023
- Collaborative Project Between Innocence Project and National Registry of Exonerations Produces Interim Report Reconciling Data Coding Discrepancies, Sept. 1, 2023
More from these topics:
- Eighth Circuit Affirms Denial of Qualified Immunity to Missouri Guards in Transgender Prisoner’s Suit Alleging Retaliation and Unreasonable Search, Jan. 15, 2025. Guard Misconduct, Retaliatory Searches, Qualified Immunity, Discrimination (Transgender), Immunity - Absolute and Qualified.
- Ninth Circuit: No Qualified Immunity for California Jail Nurse Who Cleared Detainee for Release Just Before His Suicide, Nov. 15, 2024. Failure to Treat, Suicides, Immunity - Absolute and Qualified.
- Third Circuit Affirms Qualified Immunity for Pennsylvania Guards Who Pepper-Sprayed Asthmatic Prisoner, Nov. 15, 2024. Guard Misconduct, Medical Experiments/Exploitation, Pepper Spray/Tear Gas, Qualified Immunity, Guards/Staff, Immunity - Absolute and Qualified.
- Eighth Circuit Upholds Denial of Qualified Immunity to Minnesota Guard Accused of Assaulting Restrained and Compliant Prisoner, Nov. 15, 2024. Guard Brutality/Beatings, Restraints, Qualified Immunity, Immunity - Absolute and Qualified.
- Federal Watchdog, SCOTUS Fail to Limit Solitary Confinement Abuses, Oct. 15, 2024. Jail Misconduct, Control Units/SHU/Solitary Confinement, Abuse of Discretion Standard.
- Iowa Qualified Immunity Law Lets County Off the Hook for Guard’s Sex Abuse of Jail Detainee, Oct. 15, 2024. Staff-Prisoner Assault, Qualified Immunity, Immunity - Absolute and Qualified.
- Eleventh Circuit Denies Qualified Immunity to Georgia Jailers Who Housed White Detainee With Black Cellmate Held for Racially Motivated Attack, Aug. 15, 2024. Racial/Ethnic Bias/Profiling, Immunity - Absolute and Qualified.
- The Catch-22 of Qualified Immunity, Aug. 15, 2024. Police Misconduct, Qualified Immunity, Immunity - Absolute and Qualified.
- Eighth Circuit Largely Restores Qualified Immunity to Minnesota Jail Guards in Use of Force on Bipolar Prisoner, July 1, 2024. Guard Brutality/Beatings, Qualified Immunity, Immunity - Absolute and Qualified.
- Qualified Immunity Denied to Former New Mexico Warden in Prisoner’s Sexual Abuse Claim, May 1, 2024. Staff-Prisoner Assault, Discovery, Qualified Immunity, Supervisory Liability, Immunity - Absolute and Qualified.