United States Fourth Circuit

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Smith v. Munday, 15-1092

In a 42 U.S.C. section 1983 action alleging violations of plaintiff's constitutional rights when she was arrested and held in police custody for eighty days, specifically Fourth Amendment and tort claims in both direct and supervisory contexts, all of which center around the allegation that she was arrested without probable cause, the district court's grant of summary judgment to defendants on all claims is reversed and remanded where a criminal history, common race, common gender, and unfortunately common name is not enough to establish probable cause that plaintiff illegally possessed and sold crack cocaine.

Appellate Information

  • Argued
  • Submitted
  • Decided
  • Published 2017/02/03




  • United States Fourth Circuit


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