· 2/7/2002
Donahue v. Gavin
Citations
- 280 F.3d 371
- 2002 U.S. App. LEXIS 1940
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 nolle prosequi does not indicate innocence where “[t]he prosecutor simply reasoned that [the plaintiff] was not likely to receive any additional jail time if convicted in a retrial”
- stating that it had remanded a previous § 1983 case because “the district court did not rule on whether [the plaintiff] had satisfied the common law elements of a malicious prosecution claim”
- observing that we may affirm for any reason supported by the record
- “[A] prosecutor is absolutely immune [from a § 1983 suit seeking damages] when acting as an advocate in judicial proceedings.”
- “An appellate court may affirm a result reached by the District Court on different reasons ... as long as the record supports the judgment.” (citations omitted)
- “[C]onsistent with our language in Johnstone, we conclude that post-conviction incarceration cannot be a seizure within the meaning of the Fourth Amendment . . . .” (citation omitted)
Source: CourtListener parenthetical corpus (CC0).
Sourced 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.