· 8/2/2010
Reedy v. Evanson
Citations
- 615 F.3d 197
- 2010 U.S. App. LEXIS 15974
- 2010 WL 2991378
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that resulting physical harm is an essential element of the claim
- concluding district court erred in finding qualified immunity applied given issues of fact as to probable cause remained
- stating that the defendant bears “[t]he burden of establishing entitlement to qualified immunity”
- explaining that reckless disregard exists only where the affiant “must have entertained serious doubts as to the truth of his statements or had obvious reasons to doubt the accuracy of the information he reported.” (internal quotation marks and citation omitted)
- concluding it was reckless to omit, in an affidavit charging the plaintiff with filing a false police report, that the plaintiff had consistently described her assault and initially cooperated in the investigation, and that the police were investigating a similar assault
- concluding it was reckless to omit, in an affidavit charging the plaintiff with filing a false police report, that the plaintiff had consistently described her assault and initially cooperated in the investigation, and that the police were investigating a similar assault
Source: CourtListener parenthetical corpus (CC0).
Judges: Barry, Jordan, Van Antwerpen
Read full opinion on CourtListenerSourced 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.