Daniel J. Leveto v. Robert A. Lapina

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 complaint may be subject to dismissal under Rule 12(b)(6) when an affirmative defense . . . appears on its face”
• noting that an eight-hour incommunicado detention was unreasonable under the Fourth Amendment
• noting that the affirmative defense of qualified immunity “will be upheld on a 12(b)(6) motion only when the immunity is established on the face of the complaint.” (quotations omitted)
• noting that an eight-hour incommunicado detention was unreasonable under the Fourth Amendment
• noting that the need to detain an 17 individual during a search to prevent the destruction of evidence at another location is minimized 18 once a search in the other location is underway.
• collecting cases and stating “a pat down is lawful when, under the circumstances, an officer has a reasonable belief that the subject is armed and dangerous”

Source: CourtListener parenthetical corpus (CC0).