Henry S. Kijonka v. Michael Seitzinger

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• noting that assault “whether civil or criminal” requires “threatening gesture” that “creates a reasonable apprehension of an imminent battery” (emphasis omitted)
• noting that assault “whether civil or criminal” requires “threatening gesture” that “creates a reasonable apprehension of an imminent battery” (emphasis omitted)
• noting that officers consulting with prosecutors prior to making an arrest is a “valuable screen against false arrest”
• noting that, after determining that probable cause does not exist, “the question for us is whether there was any reasonable basis to suppose there was probable cause, as that is the test for qualified immunity”
• awarding officer qualified immunity and holding that the officer’s consultation with prosecutor “goes far” to establish qualified immunity
• “whether there was any reasonable basis to suppose there was probable cause . . . is the test for qualified immunity”

Source: CourtListener parenthetical corpus (CC0).