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United States Seventh Circuit


Tully v. Barada, 09-3237

In plaintiff's 42 U.S.C. section 1983 suit claiming defendants violated his rights under the Fourth and Fourteenth Amendments by summoning him to court and initiating juvenile proceedings without probable cause, district court's dismissal of the case for failure to state a claim upon which relief can be granted is affirmed as a plaintiff cannot initiate a section 1983 claim asserting only that he was summoned and prosecuted without probable cause.

Appellate Information

  • Argued 01/19/2010
  • Decided 03/17/2010
  • Published 03/17/2010

Judges

  • BAUER, Circuit Judge., Before BAUER and WOOD, Circuit Judges, and KENNELLY, District Judge.

Court

  • United States Seventh Circuit

Counsel

  • For Appellant:
  • Michael Tully, Indianapolis, IN, pro se.

  • For Appellees:
  • Frances Barrow, Attorney, Greg Zoeller, Office of the Attorney General, Indianapolis, In, Kirk A. Horn, Attorney, Mandel Pollack & Horn, Carmel, IN, for Defendants-Appellees.
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