· 11/12/2002
Foust v. McNeill
Citations
- 310 F.3d 849
- 2002 U.S. App. LEXIS 23380
- 2002 WL 31414503
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding it was not clearly established, as of 1998, that officers could not occupy the entire premises in order to retrieve property located inside the premises
- discussing the standard for pleading when failure-to-train rises to the level of a policy in the context of a § 1983 action
- \A consensus of authority in other circuits may 'clearly establish' a right even absent binding precedent by the Supreme Court or the Fifth Circuit.\
- “In suits against a municipality, a plaintiff must [allege] that a [city] policy was the moving force behind the constitutional violation.”
- officers not entitled to absolute immunity for manner of executing turnover order
- stating application of § 543 reviewed de novo
Source: CourtListener parenthetical corpus (CC0).
Judges: Davis, Smith, Benavides
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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