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· 6/8/1994

John Kelly, Jr. v. Steven Curtis Julie M. Gibson J.R. Moore Chatham County, Ga

Citations

  • 21 F.3d 1544
  • 1994 U.S. App. LEXIS 14292
  • 1994 WL 199136

How courts have described this case

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

  • holding that Franks had clearly established that a public official could not intentionally perjure himself in seeking warrant
  • holding that officer had violated a clearly established constitutional right by seeking arrest warrant on conclusory affidavit
  • holding that “the Constitution prohibits an officer from making perjurious or recklessly false statements in support of a warrant”
  • holding that officer had violated a clearly established constitutional right by seeking arrest warrant on conclusory affidavit
  • holding that there was no law clearly establishing that “an officer has an affirmative obligation to seek out exculpatory information of which the officer is not moaré ”
  • holding that in a §1983 action alleging malicious prosecution under the Fourth Amendment, Franks “prohibits an officer from making perjurious or recklessly false statements in support of a warrant”

Source: CourtListener parenthetical corpus (CC0).

Judges: Dubina, Carnes, Morgan

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.