Marshall v. Browning

How courts have described this case

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

• holding that an officer was entitled to official immunity when presented with “a difficult investigation,” and where a “different investigator may have made choices more favorable to [the plaintiff]”
• holding that the issue “is not whether [defendant] acted maliciously for purposes of the tort of malicious prosecution, but . . . whether she acted with actual malice that would exempt her from official immunity” (alterations adopted)
• concluding a police detective, was acting within her discretionary authority in investigating the case, obtaining search and arrest warrants, and in executing those warrants
• stating that these factors would support a finding of actual malice
• finding a lack of actual malice where the police officer sought an arrest warrant in consultation with a district'attorney
• concluding decision to arrest is act of discretionary authority

Source: CourtListener parenthetical corpus (CC0).