· 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 CourtListenerSourced 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.