Leibowitz v. Hare

How courts have described this case

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

• emphasizing that the plaintiffs must ultimately prove the defendants “fall[] within the scope of liability” for the false arrest claim
• analyzing plaintiffs’ “two alternative” Fourth Amendment claims, “one premised on Malley . . . and the other premised on Franks”
• analyzing plaintiffs’ “two alternative” Fourth Amendment claims, “one premised on Malley . . . and the other premised on Franks”
• refusing to determine whether the plaintiffs sufficiently pleaded a Franks violation in the first instance because “the district court is best suited to decide in the first instance whether each plaintiff here has adequately alleged [this] violation”
• plaintiff must show second intermediary, “like the first, did not have ‘all the facts’ … to render an independent determination of probable cause”
• “It is well settled that if facts supporting an arrest are placed before an independent intermediary such as a magistrate or grand jury, the intermediary’s decision breaks the chain of causation.”

Source: CourtListener parenthetical corpus (CC0).