Harney v. City of Chicago

Federal 7th Circuit Court
Civil Court
Section 1983 Action
Case Number: 
Nos. 10-2095 & 10-2817 Cons.
Decision Date: 
December 10, 2012
Federal District: 
N.D. Ill., E. Div.
Dist. Ct. did not err in granting defendants-police officer and City of Chicago’s motion for summary judgment in section 1983 action alleging that defendant-police officer violated plaintiffs’ 4th Amendment rights by arresting plaintiffs on charges of misdemeanor theft and felony property damages without warrant or probable cause. Officer had probable cause to make arrest on instant charges where: (1) neighbor accused plaintiffs of removing valve stem from neighbor’s car tire and keying said car; (2) neighbor and plaintiffs had history of disputes; and (3) neighbor showed officer videotape of neighbor’s car parked in area with limited access to general public where one plaintiff was seen bent down and looking at tire on neighbor’s car and other plaintiff was seen with keys walking past neighbor’s car. Moreover, officer did not violate 4th Amendment with respect to instant warrantless arrests where: (1) one arrest was made in common area outside condominium building where plaintiffs lived; and (2) neither plaintiff registered objection to officer following one plaintiff into condominium to arrest other plaintiff.