· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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