United States Seventh Circuit

In an action alleging unlawful search and false arrest brought under 42 U.S.C. sec. 1983, district court grant of summary judgment for defendant is affirmed in part and reversed and remanded in part where: 1) the search warrant was properly issued and supported by probable cause; 2) the execution of the search of the apartment was illegal and violated plaintiff's Fourth Amendment rights; and 3) since the execution of the search of the apartment was illegal, defendant's false arrest claim is reinstated.

Appellate Information

• Argued 02/13/2009
• Decided 05/13/2009
• Published 05/13/2009

Judges

• EVANS, Circuit Judge., Before KANNE, ROVNER, and EVANS, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellant:
  
• Lawrence V. Jackowiak (argued), Chicago, IL, for Plaintiff-Appellant.


• For Appellees:
  
• Nadine J. Wichern (argued), Office of the Corporation Counsel, Chicago, IL, for Defendants-Appellees.