United States Seventh Circuit

In a suit under 42 U.S.C. section 1983 alleging that a police officer violated plaintiff's rights under the Fourth and Fourteenth Amendments by arresting her without probable cause, denial of defendant's motion for summary judgment on grounds of qualified immunity is affirmed where no reasonable police officer could have believed that he had probable cause to arrest plaintiff for obstructing service of process after she affirmatively assisted the officer by pointing out the location of the person to be served and since neither the plaintiff nor the officer believed the authority to enter the hospital room of the person to be served was plaintiff's to give.

Appellate Information

• Argued 12/04/2007
• Decided 04/01/2008
• Published 04/01/2008

Judges

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

Court

• United States Seventh Circuit

Counsel

• For Appellees:
  
• John Randall Patchett (argued), Patchett Law Firm, Marion, IL, Patricia S. Murphy, Energy, IL, for Plaintiff-Appellee., Alvin C. Paulson (argued), Brian T. Kreisler, Becker, Paulson, Hoerner & Thompson, Belleville, IL, for Defendant-Appellant.