Vodak v. City of Chicago

Federal 7th Circuit Court
Civil Court
Section 1983 Action
Citation
Case Number: 
Nos. 09-2768 et al Cons.
Decision Date: 
March 17, 2011
Federal District: 
N.D. Ill., E. Div.
Holding: 
Reversed and remanded
Dist. Ct. erred in granting on grounds of qualified immunity defendants-police officials' motion for summary judgment in section 1983 class action alleging that defendants violated plaintiffs' Fourth Amendment rights by arresting plaintiffs during large protest march that was initially conducted without proper permit, but was allowed to proceed down certain Chicago streets before defendants precluded marchers from advancing down other streets. Defendants were not entitled to qualified immunity where record failed to show that defendants gave instant plaintiffs sufficient notice of revocation of permission to demonstrate prior to their arrests. Moreover, plaintiffs could proceed against defendant-City where plaintiffs alleged that police superintendent, as City's policymaker with respect to making mass arrests, made decision to allow officers to make instant arrests.