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· 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 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.