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· 10/30/2017

April Gilbert v. Matthew Sweet (mem. dec.)

How courts have described this case

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

  • explaining that courts are “not required to credit conclusory allegations or legal conclusions couched as factual allegations” (quotation marks omitted)
  • explaining that courts are “not required to credit conclusory allegations or legal conclusions couched as factual allegations” (quotation marks omitted)
  • colorable constitutional challenge that ICE “lacked probable cause to lodge the detainer” because plaintiff “was the wrong person”
  • “Allegations that the injury could have been avoided with ‘better or more training’ are not sufficient”
  • “Although false arrest and false imprisonment are sometimes treated as different torts, the Complaint asserts them as one claim, the parties treat them as one claim, and the elements are substantially the same.”
  • “The sole purpose of a detainer is to request the continued detention of an alien so that ICE officials may assume custody of that alien and investigate whether to initiate removal proceedings against her.”

Source: CourtListener parenthetical corpus (CC0).

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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.