Legal Opinion
Hernandez-Cuevas v. Taylor
Court of Appeals for the First Circuit
Decided July 17, 2013No. 12-1053PublishedCited by 224 opinions
1Opinion of the Court
LIPEZ, Circuit Judge.
This case requires us to decide for the first time whether an individual who alleges that the unlawful conduct of law enforcement officers caused him to be held for three months in pretrial detention without probable cause states a Fourth Amendment claim actionable through a Bivens suit. 1 Often called a “Fourth Amend ment malicious prosecution” claim, the existence and contours of such a claim are the subject of considerable discord among the Courts of Appeals. After reviewing the relevant case law, we conclude that an individual’s Fourth Amendment right to be free from…
2Cases cited41 opinions
- Ashcroft v. IqbalSupreme Court of the United States · 2009
- Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
- Bivens v. Six Unknown Named Agents of Federal Bureau of NarcoticsSupreme Court of the United States · 1971
- Heck v. HumphreySupreme Court of the United States · 1994
- Franks v. DelawareSupreme Court of the United States · 1978
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3Cited by224 opinions
- Manuel v. City of JolietSupreme Court of the United States · 2017
- Thompson v. ClarkSupreme Court of the United States · 2022
- Louis Bianchi v. Thomas McQueenCourt of Appeals for the Seventh Circuit · 2016
- Julian v. HannaCourt of Appeals for the Seventh Circuit · 2013
- Morales v. ChadbourneCourt of Appeals for the First Circuit · 2015
219 more not listed; retrieve them via the Exa API.