United States Seventh Circuit

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Dominguez v. Hendley, 07-1004, 07-1005, 07-3030

In a 42 U.S.C. section 1983 suit against a city and a police officer involved in investigating plaintiff for a sex crime for which he was later exonerated, judgment for plaintiff, and an order reinstating city as a defendant and making it jointly and severally liable for plaintiff's damages, are affirmed where: 1) plaintiff's claim accrued when his conviction was set aside, not when he was arrested, and the statute of limitations had not run; 2) defendant-officer was not entitled to qualified immunity on the basis that he did not proximately cause any constitutional violations; 3) a Brady claim was adequately presented and was supported by sufficient evidence; 4) jury instructions on defendant's personal involvement, the duty to investigate, and the elements of the claims were proper; and 5) there was no cumulative error depriving defendant of a fair trial.

Appellate Information

  • Argued 05/30/2008
  • Decided 09/30/2008
  • Published 09/30/2008

Judges

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

Court

  • United States Seventh Circuit

Counsel

  • For Appellees:
  • Jonathan I. Loevy (argued), Loevy & Loevy, Chicago, IL, for Plaintiff-Appellee., Steven D. Pearson, Eric E. Newman (argued), Meckler, Bulger & Tilson, Chicago, IL, Daniel P. Field, Scariano, Himes & Petrarca, Waukegan, IL, for Defendants-Appellants.