· 6/23/2014
William Hawkins v. Rodney Mitchell
Citations
- 756 F.3d 983
- 2014 WL 2808981
- 2014 U.S. App. LEXIS 11906
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- noting that a plaintiff proves retaliation by showing that “the First Amendment activity was at least a motivating factor in the decision” to deprive the plaintiff of his rights
- rejecting exigent circumstance rationale as a matter of law even where officers “arrived at a disorderly scene” and suspect was known to “get[] violent sometimes”
- distinguishing between a claim for a false arrest under state law and a claim for an unconstitutional seizure under the Fourth Amendment
- a plaintiff must allege that the “First Amendment activity was at least a motivating factor in the decision to impose the deprivation”
- “Analysis of the reasonableness of the police officers’ exigency determination is entirely objective; it considers only what they reasonably should have known at the time of their warrantless home entry.”
- “arrest qualifies as a deprivation that is likely to deter First Amendment Activity”
Source: CourtListener parenthetical corpus (CC0).
Judges: Bauer, Flaum, Van Bokkelen
Read full opinion on CourtListenerSourced 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.