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· 1/7/2010

Burg v. Gosselin

Citations

  • 591 F.3d 95
  • 2010 U.S. App. LEXIS 289
  • 2010 WL 27314

How courts have described this case

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

  • holding that a pre-arraignment, non-felony summons requiring no more than a later court appearance does not, by itself, constitute a deprivation of liberty
  • collecting authority from the First, Third, Sixth, 26 Seventh, Eighth, Ninth, Tenth, and Eleventh Circuits
  • stating “[t]he number of appearances may bear upon whether there was a seizure”
  • “A pre-arraignment, non-felony summons requiring no more than a later court appearance does not constitute a Fourth Amendment seizure.”
  • “[T]he issuance of a pre-arraignment, non-felony summons requiring a later court appearance, without further restrictions, does not constitute a Fourth Amendment seizure.”
  • a plaintiff asserting a claim of malicious prosecution must “show some deprivation of liberty consistent with the concept of ‘seizure’”

Source: CourtListener parenthetical corpus (CC0).

Judges: Jacobs, Leval, Daniels

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.