· 11/26/2007
Drummond v. Castro
Citations
- 522 F. Supp. 2d 667
- 2007 U.S. Dist. LEXIS 87124
- 2007 WL 4207539
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that an excessive force claim requires a “serious or harmful” use of force
- noting that prosecutors’ “failure to seek a grand jury indictment does not serve as evidence against a finding that probable cause existed to arrest and prosecute” a plaintiff
- stating that a “defendant police officer who arrests a person without a warrant is not liable for false arrest if the officer had [probable cause] to believe that the individual committed an offense”
- \[T]he presence of probable cause is a complete defense to an action for malicious prosecution under § 1983 or state law.\
- where probable cause for arrest existed, the malicious prosecution claims failed, because the defendants were not made aware of any post-arrest intervening facts that would negate probable cause
- “Courts have repeatedly found that there is a presumption of probable cause to arrest [and subsequently prosecute] when police are acting on the testimony of a putative victim or eyewitness.”
Source: CourtListener parenthetical corpus (CC0).
Judges: McKENNA
Read full opinion on CourtListenerSourced 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.