Oklevueha Native American Church of Hawaii, Inc. v. Holder

How courts have described this case

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

• concluding, in the Rule 12(b)(6) context, that although plaintiff was arrested on the basis of firearms discovered in an illegal search, defendants still had probable cause to arrest sufficient to defeat a false-arrest claim
• declining to dismiss search and seizure claim “[i]n an abundance of caution” based on two-hour detention prior to illegal search
• noting that the “defendants seem to conflate probable cause to arrest with probable cause to believe that the plaintiff could be successfully prosecuted,” and that “[o]nly the latter kind of probable cause is at issue with respect to the malicious prosecution claim.”
• denying motion to dismiss malicious prosecution claims, finding that a lack of probable cause existed where “[p]laintiff clearly allege[d] that [the defendant] filed charges against [p]laintiff after the arrest pursuant to an unlawful search”
• denying motion to dismiss malicious prosecution claims, finding that a lack of probable cause existed where “[p]laintiff clearly allege[d] that [the defendant] filed charges against [p]laintiff after the arrest pursuant to an unlawful search”

Source: CourtListener parenthetical corpus (CC0).