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· 10/12/2023

Charles Keeshawn Hogan v. the State of Texas

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 § 1983 claim for prosecution without probable cause arises under the Fourth Amendment not substantive due process
  • holding that a § 1983 claim for prosecution without probable cause arises under the Fourth Amendment not substantive due process
  • holding that plaintiffs malicious prosecution claim arises under the Fourth Amendment rather than substantive due process
  • recognizing that an alleged deprivation of the right to be free from prosecution without probable cause might be judged under the Fourth Amendment
  • holding that where a particular constitutional provision provides explicit protection against a government act, claims should be analyzed under that provision, and not under substantive due process
  • holding that malicious criminal prosecution, if actionable in constitutional law, is governed by the Fourth Amendment rather than the Fourteenth Amendment Substantive Due Process Clause

Source: CourtListener parenthetical corpus (CC0).

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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.