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· 6/2/2015

Andre Johnson v. Jeremy Moseley

Citations

  • 790 F.3d 649
  • 2015 FED App. 0109P
  • 2015 U.S. App. LEXIS 9129
  • 2015 WL 3463038

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • noting that the allegations must demonstrate that each defendant violated a plaintiff’s rights through their own actions
  • “[A] defendant’s participation must be marked by some kind of blameworthiness, something beyond mere negligence or innocent mistake, to satisfy the elements of a malicious prosecution claim under the Fourth Amendment.”
  • “A police officer violates a suspect’s clearly established right to freedom from malicious prosecution under the Fourth Amendment only when his deliberate or reckless falsehoods result in arrest and prosecution without probable cause.”
  • “Qualified immunity is not a defense against liability, but against suit itself”
  • “The fact that the jury did not consider [the alleged victim’s] testimony sufficiently persuasive to find Johnson guilty of domestic assault beyond a reasonable doubt does not establish that probable cause was lacking when the trial began.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Daughtrey, McKEAGUE, Stranch

Read full opinion on CourtListener

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.