Dickerson Ex Rel. Davison v. Napolitano

How courts have described this case

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

• ruling that even if the police could not meet the legal requirements of the statue under which the Plaintiffs were charged, “there was probable cause to arrest them under other statutes”
• holding that where a Section 1983 plaintiff was subjected to a warrantless arrest, it is the defendants’ burden to prove probable cause as an affirmative defense to the plaintiff's false arrest claim
• holding in “as applied” challenge that, even where enforcement guidelines may not have been clear in hypothetical situations, the actions of the defendants were in clear violation of the statute
• \A plaintiff making an as-applied challenge must show that the statute in question provided insufficient notice that his or her behavior at issue was prohibited.\
• “[A] law need not achieve meticulous specificity, which would come at the cost of flexibility and reasonable breadth.” (internal quotation marks omitted)
• “[P]robable cause is based on the facts warranting arrest and not the statute pursuant to which a plaintiff was charged.”

Source: CourtListener parenthetical corpus (CC0).