What is the test for damages under Section 1983 of the Civil Rights Act when an arrest without probable cause violates the Fourth Amendment?

California, United States of America


The following excerpt is from Kevorkian v. L.A. Cnty. Sheriff's Dep't, B290670 (Cal. App. 2020):

16. "It is well established that 'an arrest without probable cause violates the Fourth Amendment and gives rise to a claim for damages under 1983.'" (Rosenbaum v. Washoe County (9th Cir. 2011) 663 F.3d 1071, 1076.)

Other Questions


When a police officer arrested defendant for a violation of section 21510 of the Virginia Criminal Code because he failed to produce identification upon request by the Attorney General, does the arrest violate the Fourth Amendment? (California, United States of America)
In what circumstances will the Supreme Court strike down a section of the Civil Rights Act that prohibits the use of certain types of civil rights, such as civil liberties, as well as those of the individual, in the context of civil liberties? (California, United States of America)
Can a homeowner's Fourth Amendment rights be violated when officers enter his home to arrest a guest pursuant to an arrest warrant? (California, United States of America)
What is the difference between probable cause to arrest for carrying drugs and probable cause for arrest? (California, United States of America)
Can a defendant be convicted of violating section 148(a)(1) of the California Civil Code of Civil Procedure if the jury found a completed violation of section 148 prior to the officers' use of excessive force? (California, United States of America)
Does a Fourth Amendment balancing of the legitimate governmental interests in arrest against the reasonable expectation of privacy under the Fourth Amendment reveal the unreasonableness of a defendant's arrest and search? (California, United States of America)
What is the effect of Section 815 of Government Code section 815.2 of the California Civil Rights Act on civil rights? (California, United States of America)
Does the search and detention of a man under the Fourth Amendment violate his Fourth Amendment rights? (California, United States of America)
In what circumstances will the California Civil Code section 1714 of the Civil Code apply to an individual who has been denied a right to claim damages under the Civil Procedure Act? (California, United States of America)
What is the test for a demurrer to deny or deny a plaintiff's civil rights claim against a civil servant who allegedly participated in civil rights violations? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.