United States Fourth Circuit

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Evans v. Chalmers, 11-1436

In plaintiffs' suits against a city, various city officials and police officers, alleging defendants mishandled false rape charges made against members of the 2005-2006 Duke University lacrosse team, judgment of the district court is: 1) reversed as to the district court's denial of the officers' motions to dismiss the Evans plaintiffs' section 1983 malicious prosecution claims because the plaintiffs do not allege that the officers either misled or pressured the prosecutor to seek the indictments; 2) reversed as to the district court's denial of defendants' motion to dismiss the section 1983 unlawful seizure claims; 3) reversed as to a plaintiff's individual section 1983 unlawful search and seizure claim because it cannot be said that the false statements in the affidavit were "material" under the second Franks prong; 4) reversed as to the denial of defendants' motions to dismiss the derivative claims of supervisory liability, Monell liability, and "stigma-plus" claims; 5) reversed as to the denial of the city's motion for summary judgment as to the state common-law tort claims; and 6) dismissed for lack of jurisdiction the city's appeal of the district court's denial of its motions to dismiss state constitutional claims.

Appellate Information

  • Decided 12/17/2012
  • Published 12/17/2012

Judges

  • Motz

Court

  • United States Fourth Circuit

Counsel

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