United States Seventh Circuit
Hernandez v. City of Chicago, 04-2246
Judgment in a 42 U.S.C. section 1983 suit arising out of a detention based on mistaken identity is affirmed where the City of Chicago Police Department's identification policies were constitutional and operational error does not support municipal liability, and reversed where custodians may rely on a judicial detention order unless the custodian knows that the judge refuses to make an independent decision or there is doubt about which person the judge ordered held.
Appellate Information
- Argued 04/10/2006
- Decided 07/26/2006
- Published 07/26/2006
Judges
- EASTERBROOK, Circuit Judge., Before EASTERBROOK, RIPPLE, and WOOD, Circuit Judges.
Court
- United States Seventh Circuit
Counsel
- For Appellees:
- John P. DeRose, DeRose & Associates, Hinsdale, IL, Joseph A. Longo, Longo & Associates, Mt. Prospect, IL, for Plaintiff-Appellee., Donald J. Pechous, Office of the Cook County State's Attorney, Torts and Civil Rights Litigation, Mara S. Georges, Office of the Corporation Counsel, Chicago, IL, for Defendant-Appellant.