Fifth Circuit· 8/18/2005

Michalik v. Hermann

Citations

422 F.3d 252
2005 WL 1971273

How courts have described this case

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

discussing how non-affiant officers who prepare the warrant application with knowledge that a warrant would be based solely on that document, are in the position to understand their responsibility and assess probable cause
noting “a small class of interlocutory orders that (1) conclusively determine, (2) important issues, which are separate from the merits of the action, and (3) which would be effectively unreviewable on appeal from a final judgment, are deemed ‘final’ for the purposes of appeal”
“The plaintiff bears the burden of negating the defense and cannot rest on conclusory allegations and assertions but must demonstrate genuine issues of material fact . . . .”
“The plaintiff bears the burden of proving that a government official is not entitled to qualified immunity.”
\The Fifth Circuit has interpreted Franks liability to also include liability for an officer who makes knowing and intentional omissions that result in a warrant being issued without probable cause.\
“Franks liability . . . includes liability for an officer who makes knowing and intentional omissions that result in a warrant being issued without probable cause.” (emphasis in original)

Source: CourtListener parenthetical corpus (CC0).

Judges: Reavley, Jolly, Prado

Read full opinion on CourtListener

Cited by

58 cases in this archive cite this case; the 20 most cited are listed.

Cites

17 cases in this archive are cited by this case.

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