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· 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 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.