United States Seventh Circuit

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Thomas v. City of Peoria, 08-2918

In a civil rights action against the city of Peoria under 42 U.S.C. section 1983 arising from an arrest on mistaken identity, district court's judgment is affirmed where: 1) plaintiff's argument depends on incorporating the state and local protections of parking violators from arrest into the Fourth Amendment, and he is not within those protections; 2) plaintiff's due process claim fails under his argument that the city deprived him of liberty by arresting him without having notified him that a failure to pay parking tickets might lead to an arrest, but since he didn't fail to pay his parking tickets, the notice could not have helped him; and 3) even if the prosecutor violated plaintiff's rights in filing the motion that led to his arrest, she has absolute immunity from liability to pay damages for consequences while performing prosecutorial duties.

Appellate Information

  • Argued 04/13/2009
  • Decided 09/03/2009
  • Published 09/03/2009

Judges

  • POSNER, Circuit Judge., Before CUDAHY, POSNER, and TINDER, Circuit Judges.

Court

  • United States Seventh Circuit

Counsel

  • For Appellant:
  • Richard L. Steagall, Attorney, Nicoara & Steagall, Peoria, IL, Sherman L. Cohn, Attorney (argued), Washington, DC, for Plaintiff-Appellant.

  • For Appellees:
  • Randall Ray, Attorney, City of Peoria, Peter R. Jennetten, Attorney (argued), Quinn, Johnston, Henderson & Pretorius, Peoria, IL, for Defendants-Appellees.