· 3/29/2001
Tammy D. Scarbrough, Carol C. Davis v. Bryant Myles, Jr., Chuck Hall
Citations
- 245 F.3d 1299
- 2001 U.S. App. LEXIS 5204
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- explaining that arguable probable cause exists “where reasonable officers in the same circumstances and possessing the same knowledge as the Defendant[ ] could have believed that probable caused existed to arrest.”
- \Arguable probable cause does not require an arresting officer to prove every element of a crime[.]\
- “[A]ll that is required for qualified immunity to be applicable to an arresting officer is arguable probable cause to believe that a person is committing a particular public offense.” (quotation omitted)
- “Because a preliminary hearing [to determine probable cause] is a judicial proceeding, [a police officer/detective] enjoys absolute immunity from civil liability damages resulting from his testimony. He also has absolute immunity from state-law claims.”
- “Police officers are not expected to be lawyers or prosecutors.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Birch, Black, Marcus, Per Curiam
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.