Dist. Ct. did not err in granting defendants-police officials’ motion for summary judgment in section 1983 action alleging that defendants subjected plaintiff to false arrest on charge of criminal trespass during contractual dispute that plaintiff had with landowner over whether plaintiff could remove trees that were arguably subject of instant contract. Defendants were entitled to qualified immunity, where plaintiff failed to identify any factually similar case that would have alerted defendants that they lacked probable cause to arrest plaintiff for trespass. Moreover, plaintiff failed to identify case establishing relative legal rights of property owner and possessor of timber deed. Also, under Ill. law, individual can be guilty of criminal trespass, even if initial entry on land was lawful, where, as here, individual refuses to leave property after receiving notice to depart.
Federal 7th Circuit Court
Civil Court
Qualified Immunity