United States Fourth Circuit

In a case alleging defendant police officer deliberately or recklessly made material false statements and omissions on a warrant affidavit, ultimately resulting in plaintiff's arrest without probable cause and imprisonment for an offense he never committed, summary judgment for defendants is reversed as to: 1) constitutional claims where plaintiff proffered evidence of a violation of his Fourth Amendment rights; and 2) malicious prosecution claims where the affidavit supporting the warrant would not, stripped of material false statements and omissions, establish probable cause.

Appellate Information

• Decided 01/22/2007
• Published 01/22/2007

Judges

Court

• United States Fourth Circuit

Counsel