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· 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 CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.