green
Positive treatment
3.8 score
Treatment trajectory · 1995 → 2026 · click a year to view as-of
1995
2010
2026
Top citers, strongest first. 14 distinct citers.
How cited ↗
cited
Cited "see"
Klump v. United States
See United States v. Klump, 21 F.3d 1117 (9th Cir.1994), cert. denied, 513 U.S. 1151 , 115 S.Ct. 1102 , 130 L.Ed.2d 1069 (1995).
discussed
Cited "see"
Clarence I. Taylor, Jr. v. David K. Waters, Individually
Probable cause exists when the facts and circumstances known to the officer “would warrant the belief of a prudent person that the arrestee had eommitted or was committing an offense.” United States v. Garcia, 848 F.2d 58, 59-60 (4th Cir.), cert. denied, 488 U.S. 957 , 109 S.Ct. 395 , 102 L.Ed.2d 384 (1988) (internal quotation marks omitted); see Wilkes v. Young, 28 F.3d 1362, 1365 (4th Cir.1994) (“Probable cause only requires enough evidence ‘ “to warrant a man of reasonable caution in the belief that” an offense has been or is being committed.’ ”) (quoting Brinegar v. United …
discussed
Cited "see"
Hewlett-Packard Co. v. Genrad, Inc.
The purpose of this requirement “is to restrain inventors from applying for patents while at the same time concealing from the public preferred embodiments of their inventions which they have in fact conceived.” Glaxo, Inc. v. Novopharm, Ltd., 52 F.3d 1048, 1050 (Fed.Cir.1995); accord Transco Products, Inc. v. Performance Contracting, Inc., 38 F.3d 551, 560 (Fed.Cir.1994), cert. denied, — U.S. -, 115 S.Ct. 1102 , 130 L.Ed.2d 1069 (1995) (quoting same language).
discussed
Cited "see"
Gonzales v. Surgidev Corp.
See Clay v. Ferrellgas, Inc., 118 N.M. 266 , 272 n. 4, 881 P.2d 11 , 17 n. 4 (1994) (admitting evidence not related to underlying claim but relevant to mental state for punitive damages), cert. denied, — U.S. -, 115 S.Ct. 1102 , 130 L.Ed.2d 1069 (1995).
discussed
Cited "see"
Jordan v. Town of Pratt
Accord, Wilkes v. Young, 28 F.3d 1362 (4th Cir.1994), cert. denied, -U.S.-, 115 S.Ct. 1103 , 130 L.Ed.2d 1069 (1995) ("Probable cause only requires enough evidence 'to warrant a man of reasonable caution in the belief that’ an ‘offense has been or is being committed.’ ” (citations omitted)). .
cited
Cited "see"
Smith v. Reddy
See Wilkes v. Young, 28 F.3d 1362 , 1365 (4th Cir.1994), cert. denied, — U.S. —, 115 S.Ct. 1103 , 130 L.Ed.2d 1069 (1995); United States v. Gillenwaters, 890 F.2d 679, 681-82 (4th Cir. 1989).
cited
Cited "see"
Connelly v. General Medical Corp.
See McCullough v. Branch Banking & Trust Co., 844 F.Supp. 258, 260-61 (E.D.N.C.1993), aff'd, 35 F.3d 127 (4th Cir.1994), cert. denied, — U.S. -, 115 S.Ct. 1101 , 130 L.Ed.2d 1069 (1995).
discussed
Cited "see, e.g."
Richards v. City of Weatherford
See Youngblood, 920 F.Supp. at 107 ; compare McCullough v. Branch Banking & Trust, 844 F.Supp. 258, 261 (E.D.N.C.1993), aff'd, 35 F.3d 127 (4th Cir.1994), ce rt. denied, 513 U.S. 1151 , 115 S.Ct. 1101 , 130 L.Ed.2d 1069 (1995).
discussed
Cited "see, e.g."
Vaughn v. Northwest Airlines, Inc.
(2×)
Compare Southerland v. Hardaway Management Co., Inc., 41 F.3d 250 , 254r-55 (6th Cir.1994) (borrowing the forum state’s one-year personal injury limitations period rather than the five-year limitation for the state’s disability discrimination law) and Henrickson, 263 Ga. at 334-35 , 434 S.E.2d at 53-54 (refusing to borrow the forum state’s limitations period for disability discrimination claims) with McCullough v. Branch Banking Trust Co., 35 F.3d 127,129-30 (4th Cir.1994) (borrowing the forum state’s two-year limitations period for disability discrimination claims), cert, denied, — …
discussed
Cited "see, e.g."
Youngblood v. City of Galveston, Tex.
See, e.g., McCullough v. Branch Banking & Trust, 844 F.Supp. 258, 261 (E.D.N.C.1993) (after dismissal of federal claims, declining to exercise supplemental jurisdiction over state claims in part because claims involved “complex and unsettled issues of North Carolina law which would be more appropriately resolved by a North Carolina court.”), aff'd, 35 F.3d 127 (4th Cir.1994), cert. denied, — U.S. -, 115 S.Ct. 1101 , 130 L.Ed.2d 1069 (1995).
discussed
Cited "see, e.g."
Pearce v. Barry Sable Diamonds
See, e.g., McCullough v. Branch Banking & Trust, 35 F.3d 127, 131 (4th Cir.1994) (noting that, under § 12117(a) of the Americans With Disabilities Act, 42 U.S.C. § 12101-12213 , litigants must first present their claims to the EEOC), cert. denied, — U.S. -, 115 S.Ct. 1101 , 130 L.Ed.2d 1069 (1995); Spence v. Straw, 54 F.3d 196 (3d Cir.1995) (holding that litigants suing under § 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794 , must first present their claims to the EEOC).
discussed
Cited "see, e.g."
Rhodes v. Smithers
As discussed, supra, pages 1269-1270, the court’s analysis of the police officer defendants’ asserted defense of qualified immunity with respect to plaintiffs’ section 1983 claims is to focus initially on whether plaintiffs have alleged that the officers violated a clearly established constitutional right. • The general constitutional right identified by plaintiffs in their section 1983 claims is the right to be free from prosecution without probable cause. 6 The Fourth Circuit Court of Appeals is among those circuit courts which hold that wrongful or malicious prosecution is actionabl…
discussed
Cited "see, e.g."
Simmons v. Poe
Id.; see also Wilkes v. Young, 28 F.3d 1362, 1365 (4th Cir.1994), cert. denied — U.S. -, 115 S.Ct. 1103 , 130 L.Ed.2d 1069 (1994) (finding that a Franks hearing was not necessary where a police officer included in his affidavit a sworn statement that the defendant “received” a parking ticket, because the allegedly false statement was not necessary to the finding of probable cause); United States v. Jeffus, 22 F.3d 554, 558 (4th Cir.1994) (finding that a Franks hearing was not required to question the veracity of information contained in an affidavit because the defendant’s challenge wa…
discussed
Cited "see, e.g."
James E. Simmons, Individually and on Behalf of All Those He Represents v. Vernon Poe, Individually and in His Official Capacity as a Deputy Sheriff L.E. McCann Individually and in His Official Capacity as a Special Agent With the Virginia State Police Carl R. Baker, Superintendent of the Virginia State Police, in His Official Capacity M. Wayne Huggins, in His Official Capacity as Superintendent of the Virginia State Police, and Virginia State Police Julian E. Boyer, Individually and in His Official Capacity as a Magistrate in Powhatan County, Virginia, James E. Simmons, Individually and on Behalf of All Those He Represents v. Vernon Poe, Individually and in His Official Capacity as a Deputy Sheriff, and L.E. McCann Individually and in His Official Capacity as a Special Agent With the Virginia State Police Virginia State Police Carl R. Baker, Superintendent of the Virginia State Police, in His Official Capacity Julian E. Boyer, Individually and in His Official Capacity as a Magistrate in Powhatan County, Virginia, James E. Simmons, Individually and on Behalf of All Those He Represents v. L.E. McCann Individually and in His Official Capacity as a Special Agent With the Virginia State Police, and Virginia State Police Carl R. Baker, Superintendent of the Virginia State Police, in His Official Capacity Vernon E. Poe, Individually and in His Official Capacity as a Deputy Sheriff Julian E. Boyer, Individually and in His Official Capacity as a Magistrate in Powhatan County, Virginia
Omitted information that is potentially relevant but not dispositive is not enough to warrant a Franks hearing. 89 Id.; see also Wilkes v. Young, 28 F.3d 1362, 1365 (4th Cir.1994), cert. denied --- U.S. ----, 115 S.Ct. 1103 , 130 L.Ed.2d 1069 (1994) (finding that a Franks hearing was not necessary where a police officer included in his affidavit a sworn statement that the defendant "received" a parking ticket, because the allegedly false statement was not necessary to the finding of probable cause); United States v. Jeffus, 22 F.3d 554, 558 (4th Cir.1994) (finding that a Franks hearing was not…
Retrieving the full opinion text from the archive…
McCullough
v.
Branch Banking & Trust Co., Inc.
v.
Branch Banking & Trust Co., Inc.
No. 94-1062.
Supreme Court of the United States.
Feb 21, 1995.
Published
C. A. 4th Cir. Certiorari denied.