· 10/7/1991
Sperry Corp. v. United States
Citations
- 24 Cl. Ct. 53
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that an allegation of a false affidavit for an arrest warrant may be sufficient to state a § 1983 Fourth Amendment claim against affiant officer
- holding allegation that false affidavit was basis for arrest warrant is sufficient to state § 1983 Fourth Amendment claim against affiant officer
- party seeking to defeat summary judgment must substantiate allegations with sufficient probative evidence permitting finding in his favor
- to survive summary judgment, plaintiff must substantiate allegations with sufficient probative evidence that would permit finding in his favor
- no reasonable officer could think his or her actions were permissible under the Fourth Amendment where the officer knew information in the affidavit of probable cause was untruthful
- \It is clearly established that the Fourth Amendment requires a truthful factual showing sufficient to constitute probable cause before an arrest warrant can issue.\ (emphasis added)
Source: CourtListener parenthetical corpus (CC0).
Sourced from CourtListener / Free Law Project (CC0).
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