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· 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 CourtListener

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.