· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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