Kelley Bagby v. Steve Brondhaver

How courts have described this case

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

• noting that even if defendant is accused of submitting reckless testimony, “qualified immunity is appropriate ... if a corrected affidavit would still provide probable cause to arrest or search”
• noting that qualified immunity “gives ample room for mistaken judgments but does not protect the plainly incompetent or those who knowingly violate the law.”
• finding that a deputy sheriff whom the plaintiff accused of presenting an affidavit with recklessly false information was entitled to qualified immunity because the corrected affidavit still established probable cause
• expressing doubts about rule that defendant is never entitled to qualified immunity if corrected affidavit is insufficient, because that rule may in some cases fail to serve qualified-immunity purpose of sparing all but plainly incompetent from liability
• “A warrant based upon an affidavit containing deliberate falsehood or reckless disregard for the truth violates the Fourth Amendment.” (internal quotation marks omitted)
• “qualified immunity is appropriate if defendant has been accused of submitting a recklessly false affidavit and if a corrected affidavit would still provide probable cause to arrest or search”

Source: CourtListener parenthetical corpus (CC0).