United States Seventh Circuit
King v. Burlington N. & Santa Fe Ry. Co., 06-3394
In a malicious prosecution suit alleging that defendant fired plaintiff without probable cause to believe that she had stolen train tickets, denial of plaintiff's discovery motion and summary judgment for defendants are affirmed where: 1) a determination by the System Board of Adjustment that plaintiff had stolen from defendant did not preclude litigation of that question in the context of the malicious prosecution suit; but 2) plaintiff failed to produce evidence of the date on which defendant had filed a criminal complaint against her, and thus would not be able to prove her claim that defendant lacked probable cause at the time of the filing.
Appellate Information
- Argued 02/20/2008
- Decided 08/19/2008
- Published 08/19/2008
Judges
- WOOD, Circuit Judge., Before EASTERBROOK, Chief Judge, and BAUER and WOOD, Circuit Judges.
Court
- United States Seventh Circuit
Counsel
- For Appellant:
- John S. Bishof, Jr. (argued), Chicago, IL, for Plaintiff-Appellant.
- For Appellees:
- James S. Whitehead (argued), Michael B. Segall, Sidley Austin, Chicago, IL, for Defendant-Appellee.