United States Fourth Circuit

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Safar v. Tingle, 16-1420

In a suit under 42 U.S.C. section 1983 and state tort law, arising out of the arrest and incarceration of plaintiffs based on an allegation of fraud that was mistakenly reported by Costco and almost immediately retracted, against the police officer and prosecutor who, at different stages of the criminal process, learned that no crime had occurred and yet failed to take steps to withdraw an arrest warrant, the district court's judgment is: 1) affirmed in part as to grant of immunity to defendants on the section 1983 claim; and 2) reversed in part as to plaintiffs' claim for gross negligence under Virginia law, where, at this stage, the truth of their pleadings must be assumed, and the horrific sequence of events they have alleged weighs in favor of remanding without prejudice so they can pursue their claims in state court.

Appellate Information

  • Decided
  • Published 2017/06/07




  • United States Fourth Circuit


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