· 3/10/1988
Thomas James Hand v. Stuart Gary, Individually and in His Official Capacity as Deputy Sheriff
Citations
- 838 F.2d 1420
- 1988 U.S. App. LEXIS 3079
- 1988 WL 12765
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 independent intermediary doctrine insulates even officers who act with malice
- “Any misdirection of the magistrate or the grand jury by omission or commission perpetuates the taint of the original official behavior.”
- \An independent intermediary breaks the chain of causation unless it can be shown that the deliberations of that intermediary were in some way tainted by the actions of the defendant.\
- “[E]ven an officer who acted with malice . . . will not be liable if the facts supporting the warrant or indictment are put before an impartial intermediary such as a magistrate or a grand jury . . . .” (quoting Smith v. Gonzales, 670 F.2d 522, 526 (5th Cir. 1982)
Source: CourtListener parenthetical corpus (CC0).
Judges: Goldberg, Politz, Davis
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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