Fleming v. Livingston, County, Illinois

Dist. Ct. did not err in granting defendants-police officials' motion for summary judgment in section 1983 action alleging that defendants lacked probable cause to arrest plaintiff on charges stemming from alleged breaking into victims' home and fondling two teenaged girls, where Dist. Ct. properly found that defendants were entitled to qualified immunity. Record showed existence of arguable probable cause where plaintiff was spotted within seven minutes of report of break-in near crime scene, and where defendant was only person in area that substantially matched description of intruder given to defendants by one victim. Fact that victim described different color of shirt of intruder did not preclude existence of qualified immunity, especially where, prior to arrest of plaintiff, one defendant consulted with state's attorney, who agreed as to existence of probable cause.