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· 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 CourtListener

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.