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United States Seventh Circuit


GAUGER v. HENDLE, 02-3841

Summary judgment to defendants is reversed where plaintiff's false-arrest claim did not accrue until his conviction was reversed, and because the Fourth Amendment is aimed at deterring unreasonable searches and seizures, not malicious prosecutions, damages will be limited to the harm incurred from the false arrest before plaintiff was charged.

Appellate Information

  • Argued 05/27/2003
  • Decided 10/30/2003
  • Published 10/30/2003

Judges

  • POSNER, Circuit Judge., Before BAUER, POSNER, and COFFEY, Circuit Judges.

Court

  • United States Seventh Circuit

Counsel

  • For Appellant:
  • Ronald S. Safer (argued), Thomas J. Henehan, Schiff, Hardin & Waite, Chicago, IL, for Plaintiff-Appellant.

  • For Appellees:
  • James G. Sotos (argued), Jason Rose, Hervas, Sotos, Condon & Bersani, Itasca, IL, for Defendant-Appellees.
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