Liser v. Smith

How courts have described this case

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

• stating that allegations “that Detective Smith and his fellow officers recklessly and intentionally fabricated facts in order to support his unjustified arrest and continued detention . . . are sufficient to state a claim of intentional infliction”
• stating that allegations “that Detective Smith and his fellow officers 29 recklessly and intentionally fabricated facts in order to support his unjustified arrest and continued detention . . . are sufficient to state a claim of intentional infliction”
• finding public duty doctrine inapplicable where claim was that police negligently issued a press release and negligently arrested plaintiff
• “[T]his is not a situation where the expert’s reports . . . are completely devoid of any reference to concrete and specific standards or practices.”
• “Here, plaintiff’s allegations regarding defendants’ conduct—that [the] officers recklessly and intentionally fabricated facts in order to support [plaintiff’s] unjustified arrest and continued detention—are sufficient to state a claim of intentional infliction.”
• “[W]hile an objectively reasonable mistake of fact can legally support a determination of probable cause, a mistake that is the product of the government’s willful ignorance, investigative negligence, or is otherwise unreasonable, cannot.”

Source: CourtListener parenthetical corpus (CC0).