Llovet v. City of Chicago

Dist. Ct. did not err in dismissing plaintiff’s section 1983 action alleging malicious prosecution arising out of plaintiff’s acquittal on aggravated battery charge, even though plaintiff contented that defendants-police officers and City prepared false police reports that defendants used to persuade prosecutor to file instant criminal charge against plaintiff. Under Newsome, 256 F.3d 747, plaintiff’s section 1983 action claim was properly dismissed since plaintiff had adequate state law remedy to raise instant claim in state court. Ct. rejected plaintiff’s argument that he had valid malicious prosecution claim under 4th Amendment, where record showed that plaintiff had been seized in course of instant malicious prosecution at time when defendant was already in custody on unrelated charge. Moreover, any continued detention created by filing of aggravated battery charge was not 4th Amendment violation.