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· 3/2/2015

Richard Wesley v. Alison Campbell

Citations

  • 779 F.3d 421
  • 2015 FED App. 0035P
  • 2015 U.S. App. LEXIS 3239
  • 2015 WL 859457

How courts have described this case

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

  • explaining that the time to decide qualified immunity “is usually summary judgment and not dismissal under Rule 12”
  • noting that sometimes a \mere allegation . . . falls short of creating probable cause absent some corroborating evidence of wrongdoing.\
  • noting that certain indicia of reliability justify a finding of probable cause based on an eyewitness allegation—such as the fact that the eyewitness personally observed the crime, was a victim of that crime, and identified the perpetrator of that crime
  • noting it is “generally inappropriate for a district court to grant a 12(b)(6) motion to dismiss on the basis of qualified immunity”
  • describing “uncorroborated hearsay allegations [that] were too unreliable to form the basis for probable cause”
  • noting it is “generally inappropriate for a district court to grant a 12(b)(6) motion to dismiss on the basis of qualified immunity”

Source: CourtListener parenthetical corpus (CC0).

Judges: Daughtrey, Clay, Stranch

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.