Sow v. Fortville Police Dept.

Federal 7th Circuit Court
Civil Court
Section 1983 Actions
Citation
Case Number: 
No. 10-2188
Decision Date: 
February 11, 2011
Federal District: 
S.D. Ind., Indianapolis Div.
Holding: 
Affirmed
Dist. Ct. did not err in granting defendants-police officials' motion for summary judgment in section 1983 action alleging that defendants violated plaintiff's constitutional rights by arresting him for attempting to cash forged Post Office money order without probable cause. While plaintiff argued that arresting officer intentionally disregarded readily available information regarding origin of money order, arresting officer had probable cause to arrest plaintiff where different post office individuals, whom officer had reasonable belief of reliability, told officer that money order was fake because it did not appear to have appropriate water mark and had unfamiliar serial numbers. Fact that officer did not contact post office where money order was purchased was irrelevant since 4th Amendment imposes no duty to investigate plaintiff's defense as long as probable cause to arrest is present. Moreover, fact that plaintiff had to wait out in cold during investigation and bumped his head while being placed in squad car did not establish his excessive force claim.