Sixth Circuit· 8/12/2020
Johnny Tlapanco v. Jonathan Elges
Citations
- 969 F.3d 638
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- recognizing that courts may address the clearly established prong when it is dispositive, without analyzing whether a constitutional violation occurred
- noting that the fact that the prosecutor’s office “authorized the arrest warrant and created the charging document” did not negate the influence of the officers who “supplied the reports and investigative materials forming the basis for the specific charges”
- declining “to address the first prong of the qualified immunity analysis” when the second was “dispositive”
- “The officers seized a variety of electronic devices, including several iPods, a desktop computer, laptops, and several thumb drive storage devices.”
- “The gravamen of a so-called malicious prosecution offense, arising from the Fourth Amendment’s prohibition against unreasonable searches and seizures, “is continued detention without probable cause.”
- “This court has consistently held that a municipality cannot be held liable on a failure to train theory where a right was not clearly established.”
Source: CourtListener parenthetical corpus (CC0).
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.