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E.D. Mich.: The pleading requirements for a Fourth Amendment violation in a Bivens or § 1983 claim

By John Wesley Hall, Jr.

The pleading requirements for a Fourth Amendment violation in a Bivens or § 1983 claim: Yopp v. United States DOJ DEA, 2010 U.S. Dist. LEXIS 85354 (E.D. Mich. August 19, 2010): Plaintiffs claim that the search warrant executed at the Yopp residence was not based on probable cause, and that the search warrant affidavit, which supported issuance of the warrant and remains under seal, contained knowingly false statements. (Compl. ¶¶ 6, 9, 10.) Putting aside for a moment the unrebutted testimony of Agent Jeneary that all statements contained in the warrant affidavit were truthful, the Complaint fails on its face to satisfy the pleading standards established in Iqbal and Twombly that are necessary to state a Fourth Amendment claim...continue to full post

Full post as published by Fourth Amendment on August 21, 2010 (boomark / email).