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Tenth Circuit· 3/13/1996

Wolford v. Lasater

Citations

  • 78 F.3d 484
  • 1996 U.S. App. LEXIS 4459
  • 1996 WL 108574

How courts have described this case

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

  • describing plaintiff’s allegations that she wrongfully was charged with embezzlement and forgery for supporting rival candidate for Sheriff
  • discussing plaintiff’s allegations “that defendants wrongfully filed charges against her and arrested her to . . . retaliate against her” for supporting political candidate
  • “affirm[ing] the district court’s dismissal of [a] plaintiff’s Fourth Amendment claim of malicious prosecution”—reasoning that (1) “lack of probable cause to initiate criminal proceedings [was] an essential element” of such a claim and (2
  • “the latter [malicious prosecution] is concerned with maliciously causing process to issue, while the former [abuse of process] is concerned with the improper use of process after it has been issued.”
  • “In the context of a government prosecution, a decision to prosecute which is motivated by a desire to discourage protected speech or expression violates the First Amendment and is actionable under § 1983.” (emphasis added) (citation omitted)
  • “It is a violation of the Fourth Amendment for an arrest warrant affiant to ‘knowingly, or with reckless disregard for the truth,’ include false statements in the affidavit.” (quoting Franks v. Delaware, 438 U.S. 154, 155–56 (1978))

Source: CourtListener parenthetical corpus (CC0).

Judges: Porfilio, Henry, Briscoe

Read full opinion on CourtListener

Cited by

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

Cites

17 cases in this archive are cited by this case.

Other cases named Wolford v. Lasater

1 other CourtListener record shares this case name.

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.