United States Seventh Circuit

In plaintiffs' section 1983 action arising from a search of their home and arrests for contributing to the delinquency of a juvenile, resisting arrest and battery of a law enforcement officer, district court's judgment is affirmed where: 1) summary judgment for defendants was appropriate as plaintiffs failed to establish that any statement in an affidavit in support of a search warrant was an intentional or reckless misrepresentation or omission; 2) because there was probable cause for the search warrant, plaintiffs' argument that their arrests were illegal fails; and 3) district court did not abuse its discretion in excluding the earlier portion of the police activity recordings as it would have confused the jury on the issue of excessive force.

Appellate Information

• Argued 02/25/2009
• Decided 09/11/2009
• Published 09/11/2009

Judges

• TINDER, Circuit Judge., Before FLAUM, WILLIAMS, and TINDER, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellant:
  
• April L. Board (argued), Attorney, Merrillville, IN, for Plaintiffs-Appellants.


• For Appellees:
  
• Thom W. Kramer (argued), Attorney, Buoscio, Pera, Kramer & Nowak, Merrillville, IN, Matthew S. Clark (argued), Attorney, Knight, Hoppe, Kurnik & Knight, Des Plaines, IL, Ronald J. Semler (argued), Attorney, Stephenson, Morow & Semler, Indianapolis, IN, for Defendants-Appellees.