United States Seventh Circuit

In a suit seeking recovery for injuries suffered by plaintiffs in confrontations with police, dismissals of plaintiffs' claims are affirmed in part and reversed in part where: 1) the district court clearly erred in dismissing plaintiffs' claims with prejudice as a sanction for abuse of the judicial process; 2) judgments as a matter of law for police officers on certain claims was error as there was an evidentiary basis for a reasonable jury to find for plaintiffs; 3) summary judgment for defendants on claims that they lacked probable cause to arrest plaintiffs for public drinking and disorderly conduct, and that they failed to intervene to prevent the use of excessive force by other officers, was proper; and 4) summary judgment for city on a liability claim under Monell was proper where plaintiffs failed to produce evidence to show deliberate indifference by the police board to constitutional violations by its officers.

Appellate Information

• Argued 06/07/2007
• Decided 07/23/2008
• Published 07/23/2008

Judges

• SYKES, Circuit Judge., Before BAUER, ROVNER, and SYKES, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellant:
  
• David A. Cerda (argued), Cerda & Associates, Chicago, IL, for Plaintiffs-Appellants.


• For Appellees:
  
• Julian Henriques (argued), Office of the Corporation Counsel Appeals Division, Chicago, IL, for Defendants-Appellees.