· 6/4/2009
Maldonado v. Fontanes
Citations
- 568 F.3d 263
- 2009 U.S. App. LEXIS 12716
- 2009 WL 1547737
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that a consensus of three circuits was sufficient to establish that the killing of a pet was a seizure within the meaning of the Fourth Amendment
- explaining that, because Pearson was an intervening Supreme Court decision, an en banc was not necessary to overrule circuit precedent
- explaining that, because Pearson was an intervening Supreme Court decision, an era banc was not necessary to overrule circuit precedent
- explaining that a qualified immunity requires finding whether the facts alleged or shown by the plaintiff make out a violation of a constitutional right
- explaining that a qualified immunity requires finding whether the facts alleged or shown by the plaintiff make out a violation of a constitutional right
- holding that a mayor’s promulgation of a pet policy, coupled with his presence at a challenged pet raid resulting in their mass extermination, was “insufficient to create the affirmative link necessary for a finding of supervisory liability, even under a theory of deliberate indifference”
Source: CourtListener parenthetical corpus (CC0).
Judges: Lynch, Farris, Howard
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.