Tenth Circuit· 9/9/2020

Mglej v. Garfield County

Citations

974 F.3d 1151

How courts have described this case

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

concluding that officer could not have reasonably believed that he had probable cause to arrest plaintiff “based on the plain language” of the criminal statute
stating that where criminal charges were dropped before trial, a section 1983 claim for malicious prosecution must be based on the Fourth Amendment, not the Fourteenth Amendment (citing Manuel v. City of Joliet, Ill., 137 S. Ct. 911, 919 (2017))
relying on the plain language of state statutes to conclude that the absence of probable cause for an arrest was clearly established
affirming a district court’s conclusion that it was clearly established, at the time the defendant arrested the plaintiff, that unnecessarily tight handcuffs violated the law
listing malice as an element of malicious prosecution, which “may be inferred if a defendant causes the prosecution without arguable probable cause”
relying on the plain language of state statutes to conclude that the absence of probable cause for an arrest had been clearly established

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Cited by

4 cases in this archive cite this case.

Cites

47 cases in this archive are cited by this case; the 20 most cited are listed.

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