False Police Report and Warrant Affidavit Cases

Young v. City of Irving

No. 3:23-CV-1423-D (N.D. Tex. 2024) · Sep 12, 2024

Granted motions to dismiss pro se plaintiff's § 1983 claims against the City of Irving and police officers but granted leave to replead; held that video evidence contradicting the plaintiff's allegations of unlawful arrest and excessive force entitled officers to qualified immunity, and that municipal liability claims based on conclusory allegations of policy or custom failed.

Hughes v. Garcia

101 F.4th 373 (5th Cir. 2024) · May 3, 2024

Officers who filed a false report and warrant affidavit containing reckless misstatements and omissions to arrest a Good Samaritan for felony impersonation of a police officer — while letting the drunk driver go — were not entitled to qualified immunity under the Franks doctrine.

Traylor v. Yorka

No. 22-10783 (5th Cir. 2024) · Jan 19, 2024

Affirmed qualified immunity for an off-duty officer on excessive force and unlawful arrest claims arising from a bar altercation, but reversed denial of qualified immunity on a fabrication-of-evidence claim where the officer's account was disputed by video evidence.

Thompson v. Clark

596 U.S. 36 (2022) · Apr 4, 2022

To bring a Fourth Amendment malicious-prosecution claim under Section 1983, a plaintiff need only show that the criminal prosecution ended without a conviction; the plaintiff does not have to show that the termination affirmatively indicated innocence.

Cole v. Carson

935 F.3d 444 (5th Cir. 2019) · Aug 20, 2019

Officers who shoot a suicidal teenager without warning — when the teen poses no threat and is unaware of the officers' presence — violate clearly established law, and disputed facts about the shooting must go to a jury.

McDonough v. Smith

588 U.S. 109 (2019) · Jun 20, 2019

A Section 1983 claim that fabricated evidence was used against the plaintiff in a criminal proceeding, in violation of due process, does not accrue until the criminal proceedings terminate in the plaintiff's favor.

Nieves v. Bartlett

587 U.S. 391 (2019) · May 28, 2019

The existence of probable cause generally defeats a First Amendment retaliatory arrest claim under § 1983, with a narrow exception for cases where the plaintiff shows that similarly situated individuals not engaged in protected speech were not arrested.

Winfrey v. Rogers

No. 16-20702 (5th Cir. 2018) · Feb 5, 2018

Vacated summary judgment for a deputy who signed arrest warrant affidavits containing material omissions and misstatements, holding that the corrected affidavit would not have established probable cause and that the independent intermediary doctrine did not apply where the grand jury was not presented with all material facts.

Whitley v. Hanna

726 F.3d 631 (5th Cir. 2013) · Aug 12, 2013

Recognized that a Brady violation—withholding material exculpatory evidence—can support a § 1983 claim where the plaintiff can show the evidence was suppressed, it was favorable to the accused, and the suppression resulted in prejudice; reversed summary judgment for defendants on fabrication-of-evidence and Brady claims.

Deville v. Marcantel

567 F.3d 156 (5th Cir. 2009) · May 1, 2009

The Fifth Circuit reversed summary judgment for officers on false arrest and excessive force claims arising from a traffic stop where evidence showed the officer may have lacked probable cause for speeding and used disproportionate force to extract a passively resisting woman from her car, but affirmed dismissal of municipal liability claims.

Spencer v. Rau

542 F. Supp. 2d 583 (W.D. Tex. 2007) · Dec 1, 2007

Officers were entitled to qualified and official immunity where they arrested a Good Samaritan nurse who refused to leave an accident scene, shoved an officer, and broke free of the officer's grip, because probable cause existed for interfering with public duties and the force used to handcuff the plaintiff was not excessive.

Keenan v. Tejeda

290 F.3d 252 (5th Cir. 2002) · Apr 23, 2002

Citizens who reported a constable's wrongdoing and were then subjected to a retaliatory felony traffic stop and prosecution stated a First Amendment retaliation claim under § 1983, and fact questions precluded qualified immunity.

Piazza v. Mayne

217 F.3d 239 (5th Cir. 2000) · Jun 26, 2000

A wildlife enforcement agent was entitled to qualified immunity on a malicious prosecution claim where he had arguable probable cause to initiate the prosecution, even though the charges were ultimately dismissed.

Mendenhall v. Riser

213 F.3d 226 (5th Cir. 2000) · May 30, 2000

Officers who had arguable probable cause to arrest a suspect for murder were entitled to qualified immunity, even though the suspect was later exonerated at a preliminary hearing when another person confessed.

Thompson v. City of Galveston

No. G-97-171 (S.D. Tex. 1997) · Dec 12, 1997

Claims of false arrest, false imprisonment, and malicious prosecution on behalf of a mother who pled nolo contendere were barred by Heck v. Humphrey; claims on behalf of a minor who confessed to murders under alleged coercion were dismissed for failure to state a claim where confession was later contradicted by another suspect's admission.

Eugene v. Alief Independent School District

65 F.3d 1299 (5th Cir. 1995) · Oct 6, 1995

Malicious prosecution, false arrest, and bodily harm are actionable under § 1983 as Fourth and Fourteenth Amendment violations; a school district cannot be liable under Monell absent evidence of an official policy or custom causing the violation.

Campbell v. City of San Antonio

43 F.3d 973 (5th Cir. 1995) · Jan 19, 1995

A plaintiff's § 1983 false arrest and malicious prosecution claims were properly dismissed where the detective had probable cause based on identification procedures, even though the plaintiff was ultimately innocent and was a victim of mistaken identity.

Heck v. Humphrey

512 U.S. 477 (1994) · Jun 24, 1994

A § 1983 claim for damages is barred if success on that claim would necessarily imply the invalidity of an existing criminal conviction — the conviction must first be reversed or invalidated.

Malley v. Briggs

475 U.S. 335 (1986) · Mar 5, 1986

An officer who obtains an arrest warrant by submitting an affidavit so lacking in probable cause that no reasonably competent officer would have relied on it is not shielded by qualified immunity — the shield protects all but the plainly incompetent or those who knowingly violate the law.

Illinois v. Gates

462 U.S. 213 (1983) · Jun 8, 1983

The rigid 'two-pronged test' for evaluating informant tips under Aguilar-Spinelli is replaced by a 'totality of the circumstances' approach for determining probable cause.

Franks v. Delaware

438 U.S. 154 (1978) · Jun 26, 1978

When a defendant shows by a preponderance of the evidence that a police officer knowingly, intentionally, or with reckless disregard for the truth included a false statement in a warrant affidavit, and the false statement was necessary to the finding of probable cause, the warrant must be voided and the fruits of the search excluded.