Winfrey, Jr. v. Rogers

Plaintiff filed suit under 42 U.S.C. 1983 against defendant and others, after plaintiff was charged and then acquitted of murder. In this case, the Fifth Circuit vacated the district court's grant of defendant's motion for summary judgment based on qualified immunity and remanded for trial essentially on the factual issue of whether defendant acted recklessly, knowingly, or intentionally by omitting and misrepresenting material facts in his affidavit when seeking an arrest warrant for plaintiff. The court noted that, considering that fact that this litigation continued for over seven years, the case should go to trial without delay. View "Winfrey, Jr. v. Rogers" on Justia Law