· 10/2/2019
MAUREEN STOYKA v. MARY GRECZ
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that since Bivens claim was 10 not extended there was no need to review issue of qualified immunity
- dismissing plaintiff’s Bivens claim even though the Bivens issue was not raised in the district court and the district court did not sua sponte address it
- finding the claim differed meaningfully from Bivens because (1) the incident took place in a parking lot rather than the plaintiff’s home, (2) the Department of Homeland Security (DHS
- “This case arose in a parking lot, not a private home as was the case in Bivens.”
- “[A]lthough Byrd alleges violations of the Fourth Amendment, as did the plaintiff in Bivens, Byrd’s lawsuit differs from Bivens in several meaningful ways.”
- “Because we do not extend Bivens to [the plaintiff’s] lawsuit, we need not address whether [the defendant] is entitled to qualified immunity.”
Source: CourtListener parenthetical corpus (CC0).
Sourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.