· 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).
Sourced from CourtListener / Free Law Project (CC0).
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