· 12/20/2013
Myers v. Koopman
Citations
- 738 F.3d 1190
- 2013 WL 6698102
- 2013 U.S. App. LEXIS 25357
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- concluding that false imprisonment claims lie when unreasonable seizures occur without legal process and malicious prosecution claims lie when unreasonable seizures occur with legal process
- holding that post-arrest detention “pursuant to a validly issued—if not validly supported—arrest warrant” raises a malicious prosecution claim
- explaining that “[w]hat separates” a false-imprisonment claim and a malicious-prosecution claim is “the institution of legal process”
- noting “unreasonable seizures imposed without legal process precipitate Fourth Amendment false imprisonment claims,” while “unreasonable seizures imposed with legal process precipitate Fourth Amendment malicious-prosecution claims”
- explaining the Fourth Amendment can support a § 1983 malicious prosecution claim after the institution of legal process too
- “A claim of malicious prosecution does not accrue until the criminal proceedings have terminated in the plaintiff’s favor.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Briscoe, O'Brien, Phillips
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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