Thursday, August 25, 2011

Ninth Circuit -- TODD CHISM V. WASHINGTON STATE

Dismissal of S1983 action for groundless pr0n investigation reversed.

Violation of 4A by Judicial Deception where affiant states that illicit images were downloaded and purchased where only evidence is that a credit card was used for the hosting costs of the website where the images were uploaded.

Substantial showing of reckless disregard, given distant IP address, CC# was inherently unreliable indication.

Showing of judicial deception bars SJ grant of qualified immunity.

TODD CHISM V. WASHINGTON STATE
Compiled by D.E. Frydrychowski, who is, not incidentally, not giving you legal advice.

Category tags above are sporadically maintained Do not rely. Do not rely. Do not rely.

Author's SSRN page here.