United States Seventh Circuit

In a 42 U.S.C. section 1983 suit alleging that defendant-sheriff's officer unlawfully arrested plaintiff without probable cause for maintaining a common nuisance, summary judgment for defendant is affirmed where: 1) defendant could not demonstrate that plaintiff had knowledge that her garage was being used to manufacture methamphetamine, and so lacked probable cause to arrest plaintiff; but 2) defendant was entitled to qualified immunity on the basis that a reasonable officer could have believed that probable cause existed.

Appellate Information

• Argued 05/15/2008
• Decided 08/21/2008
• Published 08/21/2008

Judges

• RIPPLE, Circuit Judge., Before RIPPLE, KANNE and WILLIAMS, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellant:
  
• Matthew D. Barrett (argued), Starr, Austen, Tribbett & Myers, Logansport, IN, for Plaintiff-Appellant.


• For Appellees:
  
• Matthew S. Clark (argued), Knight, Hoppe, Kurnik & Knight, Des Plaines, IL, for Defendants-Appellees.