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· 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 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.