United States Seventh Circuit

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Mosley v. City of Chicago, 09-3598

In plaintiff's section 1983 suit against the City of Chicago and several of its police officers, arising from his arrest and prosecution for murder, of which he was acquitted at trial after approximately five years in jail, district court's grant of summary judgment in favor of the defendants is affirmed where: 1) there is no evidence in the record that the officers withheld any materially favorable piece of evidence, and even assuming that a Brady violation could occur when a trial ends in acquittal, this claim cannot rise to the level described in Bielanski v. County of Kane, 550 F.3d 632 (7th Cir. 2008); 2) district court did not err in concluding that the defendants had probable cause to press forward with the prosecution and therefore plaintiff could not maintain a claim for malicious prosecution; and 3) district court did not err in granting summary judgment on plaintiff's civil conspiracy claim.

Appellate Information

  • Argued 05/25/2010
  • Submitted 07/29/2010
  • Decided 07/29/2010
  • Published 07/29/2010

Judges

Court

  • United States Seventh Circuit

Counsel