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