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Fifth Circuit· 11/6/1997

Hart v. O'Brien

Citations

  • 127 F.3d 424
  • 47 Fed. R. Serv. 1447
  • 1997 U.S. App. LEXIS 30452
  • 1997 WL 656282

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 prosecutor enjoys absolute immunity when he acts as an advocate for the state, but does not enjoy such immunity for acts of investigation or administration
  • holding that a prosecutor enjoys absolute immunity when he acts as an advocate for the state, but does not enjoy such immunity for acts of investigation or administration
  • concluding that an assistant county attorney “does not enjoy absolute immunity from liability arising out of the inaccurate information in the affidavit”
  • holding that where officers “reasonably believed they had probable cause to proceed against [the plaintiff],” as determined in the federal qualified immunity analysis, the plaintiff “cannot assert a claim for malicious prosecution” under Texas law
  • stating that probable cause may exist even though officers have observed no unlawful activity
  • stating that probable cause may exist even though officers have observed no unlawful activity

Source: CourtListener parenthetical corpus (CC0).

Judges: Barksdale, Garza, Benavides

Read full opinion on CourtListener

Cited by

104 cases in this archive cite this case; the 20 most cited are listed.

Cites

96 cases in this archive are cited by this case; the 20 most cited are listed.

Other cases named Hart v. O'Brien

3 other CourtListener records share this case name.

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.