Is a claim for unlawful arrest cognizable under Section 1983 of the Fourth Amendment?
MultiRegion, United States of America
The following excerpt is from Morse v. Cnty. of Merced, No. 1:16-cv-00142-DAD-SKO (E.D. Cal. 2017):
"A claim for unlawful arrest is cognizable under 1983 as a violation of the Fourth Amendment, provided the arrest was without probable cause or other justification." Dubner v.
Page 13
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Is unlawful arrest cognizable under Section 1983 of the Fourth Amendment? (MultiRegion, United States of America)
Can a plaintiff bring a claim for unlawful arrest under section 1983 of the Fourth Amendment? (MultiRegion, United States of America)
What is the test for a claim of unlawful arrest under Section 1983 of the Fourth Amendment? (MultiRegion, United States of America)
What is the test for a claim for arrest without probable cause under the Fourth Amendment rather than the Fourteenth Amendment? (MultiRegion, United States of America)
Is a claim for unlawful arrest cognizable when the arrest was allegedly made without probable cause? (MultiRegion, United States of America)
What is the effect of an order requiring a plaintiff to amend or amend a claim in a motion to amend? (MultiRegion, United States of America)
Is there a valid Fourth Amendment, Fourteenth and Fourteenth Amendment claim? (MultiRegion, United States of America)
What is the current state of the law on appeal against an arrest warrant issued against an individual who did not raise his Fourth Amendment claim in the trial court? (MultiRegion, United States of America)
Can a petitioner who has had a full and fair review of his Fourth Amendment claims in state court seek to have those claims reviewed by the federal appeals court? (MultiRegion, United States of America)
What is the test for reviewing a Fourth Amendment claim in circumstances where the petitioner has neither pleaded nor proved the denial of a full and fair opportunity to litigate that claim in state courts? (MultiRegion, United States of America)
