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· 10/7/2016

Maria Mendoza v. State

How courts have described this case

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

  • holding that § 1983 claims based on detention without probable cause accrue when the detention ends
  • holding that the favorable-termination requirement does not apply to a claim for unconstitutional pretrial detention
  • concluding that claim of detention without probable cause is not analogous to tort of malicious prosecution and thus accrued when plaintiff was released from custody
  • holding that there is no constitutional right not to be prosecuted without probable cause, but \there is a constitutional right not to be held in custody without probable cause\
  • recognizing a longstanding constitutional right, under the Fourth Amendment, “not to be held in custody without probable cause”
  • determining that the claim accrues when the “would-be plaintiff” is released from detention and “is entitled to sue”

Source: CourtListener parenthetical corpus (CC0).

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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.