United States Seventh Circuit

In plaintiff's suit against the City of Chicago and a police officer, claiming that the officer's action during a traffic stop, violated the Constitution's prohibition on unreasonable seizures and deprived her of her rights to due process and equal protection under the law, district court's dismissal of the complaint, is affirmed where: 1) the district court did not err in dismissing plaintiff's arrest-related claim as where a police officer has probable cause to believe that an individual has committed even a very minor criminal offense in his presence, he may, without violating the Fourth Amendment, arrest the offender; 2) the district court's dismissal of plaintiff's post-arrest detention claim was also proper as plaintiff has failed to state a claim for which relief can be granted; 3) district court was correct in finding plaintiff's malicious prosecution claim to be irreparably flawed; and 4) plaintiff's complaint does not contain allegations of fact sufficient to support her claims that the Department of Administrative Hearing's findings were arbitrary or that the ordinance pertaining to towing of a vehicle is unconstitutional.

Appellate Information

• Argued 09/16/2010
• Decided 01/05/2011
• Published 01/05/2011

Judges

• CUDAHY

Court

• United States Seventh Circuit

Counsel