Skip to main content
· 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

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.