Williamson v. Curran

Federal 7th Circuit Court
Civil Court
Section 1983 Action
Case Number: 
No. 09-3985
Decision Date: 
April 4, 2013
Federal District: 
N.D. Ill., E. Div.
Dist. Ct. did not err in dismissing for failure to state cause of action plaintiff’s section 1983 action alleging that defendants-police officials arrested her without probable cause on theft of horse charge and arrested her based on nothing more than her status as wife of owner of stables that housed said horse. Plaintiff was arrested pursuant to valid arrest warrant, and while true owner of horse may have lied to arresting officer as to circumstances surrounding plaintiff’s possession of horse and as to plaintiff’s claim that owner owed her husband money for boarding said horse, arresting officer could have credited owner’s statement that plaintiff had taken wrongful possession of said horse. Fact that plaintiff’s husband had lien on horse did not require different result. Moreover, arresting officer could have believed that plaintiff was more than bystander in instant dispute over horse where plaintiff responded to officer’s inquiries about horse and referred to herself and husband jointly when discussing why she would not return horse without payment of boarding fees.