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· 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 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.