Kathy Radtke v. Maria Caschetta

How courts have described this case

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

• holding that it is well established that a warrantless arrest without probable cause violates the Fourth Amendment
• noting that elements, of Georgia conversion claim include, among others, “actual possession of the property by the defendant”
• recognizing under Georgia law that “burden of demonstrating a waiver of sovereign immunity falls on the party seeking to benefit from it”
• “At [the summary-judgment] stage, the Court accepts the Plaintiffs’ version of the facts and draws all justifiable inferences in their favor.” (cleaned up)
• “Filbeck contends that he had probable cause to arrest Plaintiffs for three crimes: burglary, criminal trespass, and theft by taking.”
• “Where an officer arrests without even arguable probable cause, he violates the arrestee’s clearly established Fourth Amendment right to be free from unreasonable seizures.”

Source: CourtListener parenthetical corpus (CC0).