United States Seventh Circuit
Parkey v. Sample, 09-3966
In plaintiff's 42 U.S.C. section 1983 suit against a state trooper, claiming that the trooper violated plaintiff's rights under the Fourth Amendment by searching his home and seizing his property without probable cause, district court's grant of the trooper's motion for summary judgment is affirmed as, to avoid summary judgment, plaintiff must submit evidence indicating that the trooper "knowingly or intentionally or with a reckless disregard for the truth" made misstatements to the magistrate and show the statements were necessary to the magistrate's probable cause determination, and here, plaintiff meets neither requirement.
Appellate Information
- Argued 10/01/2010
- Decided 10/27/2010
- Published 10/27/2010
Judges
Court
- United States Seventh Circuit