Short Circuit is a weekly feature compiled by contributors from the Institute for Justice, summarizing significant rulings from federal courts of appeal. Among recent cases discussed are questions about whether Flock cameras reduce crime, debates over SWAT team use in Supreme Court cases, and constitutional challenges to warrantless searches at borders. Another case considers under what circumstances associations can sue on behalf of members, while another addresses the Fourth Amendment requirements for strip searching arrestees and qualified immunity issues.
Written locally by qwen2.5:14b on 2026-09-18,
using this article's own text rather than the other coverage of the
same event (that is the story summary below).
Do Flock cameras actually reduce crime?
asserted
cameras → reduce → crime
The company says a new study shows it.
asserted
study → say → it
But, looking at the same study, we see no statistically significant changes in car thefts and car-theft clearances for the average agency.
asserted
we → look → agency
- The plaintiff in this First Circuit case isn't allowed to proceed under a pseudonym—and neither is the judge, though she entertains the possibility for a bit.
asserted
she → allow → bit
- Can associations bring lawsuits under Section 1983 on behalf of their members?
asserted
associations → bring → members
The Second Circuit said "no" in 1973, but since then every federal circuit—citing the Supreme Court—has disagreed.
asserted
circuit → say → Court
Luckily, the Second Circuit can fix these sorts of problems with a "mini en banc," a "salutary practice" in which the panel asks the rest of the circuit if they can reverse the earlier precedent.
asserted
they → fix → precedent
Second Circuit: Which we now do.
asserted
we → do → Which
- Neither the Second Circuit nor the Supreme Court has addressed the constitutionality of warrantless, suspicionless searches of cellphones at the border.
asserted
Circuit → address → border
Second Circuit: Which we now do, and it's bad news for this identity thief busted at JFK Airport.
asserted
it → do → Airport
The Third Circuit giveth: Henceforth, the Fourth Amendment generally requires a warrant supported by probable cause to strip search an arrestee (deepening a circuit split).
asserted
Amendment → require → split
The Third Circuit taketh away:
asserted
Circuit → taketh → ?
- New Jersey child welfare officials search a home and later remove children on concerns that mother's boyfriend is abusive and that the home is in poor condition.
asserted
home → search → condition
Might be a Fourth Amendment violation if the officials searched the home based only on a vague unsubstantiated complaint, but qualified immunity for substantive and procedural due process claims.
uncertain
officials → search → claims
I would look at more evidence and also conclude there's no case sufficiently on point to overcome qualified immunity on the Fourth Amendment claim.
uncertain
I → look → claim
The questions "what is a reality show?" and whether "My 600-lb Life" is one have sparked a Fifth Circuit symposium on the party presentation principle.
asserted
Life → spark → principle
The argument made on appeal (relating to whether the defendant insurer must pay claims related to the show) was waived below, so we don't have to answer those metaphysical questions.
uncertain
we → make → questions
Sometimes we can address arguments waived below—but not when they're the exact opposite of what a party argued below, like here.
asserted
party → address → what
Our job is to get the law right and my two cents is "reality show" is ambiguous.
asserted
show → get → ?
Like, does that include "Monday Night Football"?
asserted
that → include → Football
- Homeowners: Austin violated our constitutional rights by incorporating us into the city's jurisdiction in 2019.
asserted
Austin → violate → 2019
District court (2022): This case is barred by the Tax Injunction Act!
asserted
case → bar → Act
District court (2025): Oh, I see.
asserted
I → see → ?
So it's barred by Pullman abstention!
asserted
it → bar → abstention
It is none of those things, and we politely suggest that maybe this six-year-old case could start to move forward a bit.
uncertain
case → suggest → things
- After being accused of stalking, New Orleans university student is arrested by campus police.
asserted
student → accuse → police
An officer shares info about the arrest with a student reporter, who writes it up in the school paper.
asserted
who → share → paper
The arrested student sues the school for defamation, etc.
asserted
student → arrest → defamation
(He drops out; the criminal case against him is dropped.)
asserted
case → drop → him
And the school will have to keep defending.
asserted
school → have → ?
State anti-SLAPP laws don't apply in federal court.
asserted
laws → apply → court
Judge Oldham, dubitante: We don't have interlocutory jurisdiction over this.
asserted
We → have → this
- Putative class of children brings Section 1983 suit against current and former officers of the Illinois Department of Children and Family Services, alleging that they kept the kids in juvenile detention long after the kids were ordered released.
asserted
kids → bring → detention
Aha, but you're seeking damages from the officers based on the acts they took as officers of the state, meaning your suit is actually against the state, and the state is sovereign-ly immune.
asserted
state → seek → state
Section 1983 literally says people can sue for damages when officers violate their rights "under color of" state law.
asserted
officers → say → law
Case undismissed.
asserted
Case → undismisse → ?
- 2022 Minnesota gubernatorial candidate, a doctor, ran on the message that Covid-related school closures and vaccine mandates were problematic.
asserted
closures → run → message
The state medical board took umbrage, launched multiple investigations into whether he was spreading misinformation.
asserted
he → take → misinformation
He hired an attorney, responded to the investigations, and spent countless hours preparing for an in-person conference.
asserted
He → hire → conference
No punishment ensues.
asserted
punishment → ensue → ?
…and 63 more, not listed.
The Aporia
