11/11/2023 0 Comments Mike lindell martial lawDid you know we offer summary newsletters for even more practice areas and jurisdictions? Explore them here.Ĭourt Description: Civil case -Injunctions. You already receive new opinion summaries from Eighth Circuit US Court of Appeals. Sign up for free summaries delivered directly to your inbox. Want to stay in the know about new opinions from the Eighth Circuit US Court of Appeals? Accordingly, the court remanded for the district court to hold a prompt hearing and balance the government’s interest in retaining Lindell’s cell phone and all its data against Lindell’s right to get the property back. The court explained that it is unable to determine from the record whether the government can reasonably justify its continued refusal to return Lindell’s cell phone, which at this point was seized nearly a year ago, or the data on it, which is entirely unrelated to the offenses the government is investigating. The court reversed the district court’s decision not to exercise equitable jurisdiction over Lindell’s motion for the return of property as it relates to the continued retention of the cell phone itself and all its data. The Eighth Circuit affirmed the district court’s denial of Lindell’s motion for a preliminary injunction. He also contended the search warrant for his phone violates the Fourth Amendment’s prohibition against general warrants. He argued on appeal that the federal investigation violates his First Amendment rights of freedom of speech, freedom of association, freedom of the press, and the right to petition for the redress of grievances. The basis of Lindell’s action arises from an ongoing federal investigation into the individuals responsible for publishing forensic images of election software used in the 2020 election in Mesa County, Colorado. and Chief Executive Officer Michael Lindell (collectively, “Lindell”) appealed the district court’s denial of their motions for a preliminary injunction and for the return of property-Lindell’s cell phone that was seized by federal agents on September 13, 2022.
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