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County of Riverside Vs. Mclaughlin
Cites for this judgment
- US Supreme Court
- May 13, 1991
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U.S. 44 (1991) U.S. Supreme Court County of Riverside v. McLaughlinSearch
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U.S. 44 (1991) County of Riverside v. McLaughlinSearch
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alleging that petitioner County of Riverside (County) violated the holding of Gerstein v. PughSearch
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probable cause determination had already passed and he had failed to show, as required by Los Angeles v. LyonsSearch
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to the County's allegedly unlawful conduct and likely to be redressed by the requested injunction. See, e.g., Allen v. WrightSearch
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doctrine is properly invoked to preserve the case's merits for judicial resolution, see, e.g., Swisher v. BradySearch
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U. S. 59 Page 500 U. S. 47 JUSTICE O'CONNOR delivered the opinion of the Court. In Gerstein v. PughSearch
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asserting that McLaughlin lacked standing to bring the suit because he had failed to show, as required by Los Angeles v. LyonsSearch
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with another challenging an identical preliminary injunction issued against the County of San Bernardino. See McGregor v. CountySearch
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of San Bernardino, decided with McLaughlin v. CountySearch
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cause determination immediately following completion of the administrative procedures incident to arrest. Llaguno v. MingeySearch
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Fisher v. WashingtonSearch
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and to permit States to combine probable cause determinations with other pretrial proceedings. Williams v. WardSearch
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Allen v. WrightSearch
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U. S. 737 , 468 U. S. 751 (1984), citing Valley Forge Christian College v. AmericansSearch
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See, e.g., Page 500 U. S. 52 Gerstein, 420 U.S. at 420 U. S. 110 -111, n. 11, citing Sosna v. IowaSearch
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doctrine is properly invoked to preserve the merits of the case for judicial resolution. See Swisher v. BradySearch
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judges in the role of making legislative judgments and overseeing local jailhouse operations. See, e.g., McGregor v. CountySearch
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Scott v. GatesSearch
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Bernard v. PaloSearch
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Sanders v. HoustonSearch
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Lively v. CullinaneSearch
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is so ordered. JUSTICE MARSHALL, with whom JUSTICE BLACKMUN and JUSTICE STEVENS join, dissenting. In Gerstein v. PughSearch
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which alternately creates rights that the Constitution does not contain and denies rights that it does. Compare Roe v. WadeSearch
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U. S. 113 (1973) (right to abortion does exist) with Maryland v. CraigSearch
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between these concerns struck in Gerstein v. PughSearch
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for our citizens the traditional protections against unlawful arrest afforded by the common law. See California v. HodariSearch
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Wright v. CourtSearch
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Venable v. HuddySearch
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Atchison, T. & S.F.R. Co. v. HinsdellSearch
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Ocean S.S. Co. v. WilliamsSearch
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Johnson v. MayorSearch
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Low v. EvansSearch
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Tubbs v. TukeySearch
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Perkins, The Law of Arrest, 25 Iowa L.Rev. 201, 254 (1940). Cf. Pepper v. MayesSearch
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Keefe v. HartSearch
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Leger v. WarrenSearch
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Burk v. HowleySearch
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Kirk & Son v. GarrettSearch
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Simmons v. VandykeSearch
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Hayes v. MitchellSearch
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Kenerson v. BaconSearch
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Green v. KennedySearch
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Schneider v. McLaneSearch
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within which a warrant could have been obtained rendered the officer liable for false imprisonment. See, e.g., Twilley v. PerkinsSearch
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