A Miranda violation, not being the equivalent of a violation of the Fifth Amendment, does not provide a defendant with the basis for a 42 U.S.C. § 1983 lawsuit.
A nuance in the law, doesn’t come up that often, but makes a clear distinction in arrest and charging. DCA rules that a threat of force or violence against a third person doesn't include suspect's threat to kill himself.
Bivens-based civil suits are not to be extended beyond what has already been decided absent meeting some very stringent-provided case law requirements.
Running a criminal history and warrant check during a lawful traffic stop, as a part of the “mission” of the traffic stop detention, do not unlawfully prolong the duration of the traffic stop.
Arresting a person for exercising their First Amendment freedom of speech is illegal.
“Shocking the Conscience” is a necessary element of an alleged Fourteenth Amendment excessive force violation.
A “Bivens remedy” is available to a prison inmate who alleges that a federal correctional officer has violated the Eighth Amendment’s cruel and unusual prohibitions.
A weapons patdown based upon no more than the fact that the suspect has a criminal history which includes prior a weapons-related conviction is illegal.
The Fourth Amendment prevents the warrantless seizure of a vehicle from private property absent exigent circumstances.
Law enforcement my lawfully use reasonable force in arresting protestors engaged in unlawful protests.
