Legal Opinion
Michael Durham v. David Horner
Court of Appeals for the Fourth Circuit
Decided August 8, 2012No. 11-1022PublishedCited by 185 opinions
1Opinion of the Court
Affirmed by published opinion. Judge KING wrote the opinion, in which Chief Judge TRAXLER joined. Judge WYNN wrote a dissenting opinion.
OPINION
KING, Circuit Judge:
In a case of mistaken identity, Michael Dwayne Durham was charged and jailed in southwest Virginia for more than three months before the prosecutor realized and rectified the error. As a result, Durham initiated this civil action in the Western District of Virginia against, inter alia, officer David L. Horner, alleging a Fourth Amendment claim under 42 U.S.C. § 1983, plus a state law claim for malicious prosecution.1 The district…
2Cases cited17 opinions
- Pearson v. CallahanSupreme Court of the United States · 2009
- Albright v. OliverSupreme Court of the United States · 1994
- Gerstein v. PughSupreme Court of the United States · 1975
- Costello v. United StatesSupreme Court of the United States · 1956
- George Jones, Cross-Appellant v. City of Chicago, Cross-AppelleesCourt of Appeals for the Seventh Circuit · 1988
12 more not listed; retrieve them via the Exa API.
3Cited by185 opinions
- Thompson v. ClarkSupreme Court of the United States · 2022
- Patrick Booker v. South Carolina Department of CorrectionsCourt of Appeals for the Fourth Circuit · 2017
- Shawn Massey v. J.J. OjaniitCourt of Appeals for the Fourth Circuit · 2014
- David Evans v. Patrick BakerCourt of Appeals for the Fourth Circuit · 2012
- William Meyers, Sr. v. Baltimore County, MarylandCourt of Appeals for the Fourth Circuit · 2013
180 more not listed; retrieve them via the Exa API.