Basile v. Township of Smith

How courts have described this case

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

• holding that pre-trial proceedings, including attendance at hearings, are not seizures within the meaning of the Fourth Amendment
• granting Rule 12(b)(6) motion in part and dismissing false arrest claim with leave to amend
• finding that plaintiff’s “allegations [of false arrest] are conclusory and . . . nothing more than a threadbare recital of the elements of a § 1983 false arrest claim” where he asserted that he was “arrested without probable cause . . . .’”
• “A defendant can defeat a malicious prosecution claim by introducing conclusive evidence of probable cause, such as evidence of the plaintiff’s conviction in the underlying criminal proceeding.”
• “Thus, based. . . the fact that Plaintiffs have pled that the Defendant Officers falsified the affidavit of probable cause, Plaintiffs should not be precluded, at this stage of the litigation, from bringing a state malicious prosecution claim[.]”
• plaintiffs alleged that a warrant contained false information

Source: CourtListener parenthetical corpus (CC0).