McCabe v. MacAulay

How courts have described this case

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

• noting that “the majority of state courts of last resort have recognized analogous causes of action for violations of state constitutions against state officers in their individual capacities”
• dismissing plaintiffs' state constitutional law claims because they had failed to exhaust their administrative remedies under the state tort claims act
• noting that when faced with a new state constitutional claim, the Iowa Supreme Court often looks to decisions of the United States Supreme Court and other state courts of last resort, and pointing out that the United States Supreme Court recognized a direct cause of action in 40 Bivens
• under Smithson, “even passively ‘failing to cooperate’ with law enforcement officers does not provide arguable probable cause under [§ 719.1(1)]”
• rally for incumbent President at a public park; protestors arrested on public property while trying to comply with law enforcement orders; persons in the same area demonstrating views favorable to the President were not confronted

Source: CourtListener parenthetical corpus (CC0).