United States Seventh Circuit

In a suit by an Indian national against law enforcement officials alleging violation of the Vienna Convention, dismissal of the complaint for lack of subject matter jurisdiction is reversed and the matter remanded where: 1) plaintiff's suit should have been treated as one under 42 U.S.C. section 1983 since he alleged a police action, under color of state law, that violated a right secured to him by a federal treaty; and 2) as such, jurisdiction was proper under the general federal jurisdiction statute.

Appellate Information

• Decided 03/12/2007
• Published 03/13/2007

Judges

• Before RIPPLE, ROVNER, and WOOD, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellant:
  
• Brad P. Rosenberg (argued), Mayer, Brown, Rowe & Maw, Washington, DC, for Plaintiff-Appellant., Sharon Swingle Dept. of Justice, Civil Div., Appellate Sec., Washington, DC, for U.S. Amicus Curiae., William P. Hardy, Hinshaw & Culbertson, Springfield, IL, for United Counties Council of Illinois, Amicus Curiae.


• For Appellees:
  
• Jerome P. Lyke (argued), Flynn, Palmer & Tague, Champaign, IL, for Defendants-Appellees.