United States Seventh Circuit

In a suit alleging wrongful arrest, excessive force and battery against police officers and a city, summary judgment for defendants is reversed where: 1) there was a genuine issue of material fact concerning probable cause for the arrest; 2) under plaintiff's version of the facts, a jury could conclude that officers used excessive force while arresting him; 3) additional factual development is required before a determination on qualified immunity can be made; and 4) a jury should determine whether an officer engaged in behavior constituting battery.

Appellate Information

• Argued 12/04/2007
• Decided 03/21/2008
• Published 03/21/2008

Judges

• RIPPLE, Circuit Judge., Before RIPPLE, MANION and WOOD, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellant:
  
• Basileios J. Foutris (argued), Foutris Law Office, Chicago, IL, for Plaintiff-Appellant.


• For Appellees:
  
• Kimberly A. Fladhammer (argued), Office of the Corporation Counsel, Joliet, IL, for Defendants-Appellees.