Tenth Circuit· 6/13/2008

Wilkins v. DeReyes

Citations

528 F.3d 790
2008 U.S. App. LEXIS 12676
2008 WL 2391244

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

holding that the plaintiff’s assertion that officers intentionally coerced false statements supported a § 1983 claim
ruling that where detention occurs after legal process, a plaintiff, can challenge whether the legal process itself was wrongful and state a “Fourth Amendment violation sufficient to support a § 1983 malicious prosecution cause of action”
explaining that the court must set aside false information when determining if there is probable cause
explaining that “the issuance of an arrest warrant represents a classic example of the institution of legal process”
concluding there was absence of probable cause when excluding allegedly false coerced statements from warrant because that was only evidence implicating plaintiffs in murders
stating that in such a circumstance a dismissal may be indicative of innocence and thereby constitute a favor able termination

Source: CourtListener parenthetical corpus (CC0).

Judges: Tacha, McKay, Tymkovich

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Cited by

54 cases in this archive cite this case; the 20 most cited are listed.

Cites

38 cases in this archive are cited by this case; the 20 most cited are listed.

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