· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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