· 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 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.