· 5/3/2007
Laura Skop v. City of Atlanta, Georgia
Citations
- 485 F.3d 1130
- 2007 U.S. App. LEXIS 10341
- 2007 WL 1288012
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- recognizing that district court “misapplied the clear dictates of our summary judgment law by assuming hotly contested facts against the non-moving party”
- holding that binding precedent clearly established an arrest made without arguable probable cause violates the Fourth Amendment
- concluding that officer lacked arguable probable cause to arrest for obstruction where a stranded motorist requested a police officer to move his patrol car during a severe thunderstorm
- holding that where the resolution of disputed critical facts determines on which side of the arguable probable cause line the officer’s conduct fell, summary judgment is inappropriate
- stating that the Eleventh Circuit’s precedent “clearly establishe[s] . . . that an arrest made without arguable probable cause violates the Fourth Amendment’s prohibition on unreasonable searches and seizures”
- stating that a court may not weigh conflicting evidence to resolve disputed factual issues
Source: CourtListener parenthetical corpus (CC0).
Judges: Hull, Marcus, Barzilay
Read full opinion on CourtListenerSourced 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.