Dist. Ct. did not err in dismissing plaintiff’s section 1983 action alleging that she was subjected to false arrest and malicious prosecution based on incident, where plaintiff was arrested for criminal trespass on land that she used to own, but where land had been foreclosed on by third-party. Record showed existence of probable cause to support plaintiff’s arrest, where third-party had sent plaintiff email on day before her arrest warning her to stay off land, and that her continued presence on land would be addressed by police. As such, plaintiff’s conduct met all elements of offense for criminal trespass under 720 ILCS section 5/21-3(a)(1)-(3), where plaintiff had received prior warning that landowner had not authorized her trespass. Fact that plaintiff claimed that she entered land as employee of another entity, or that police could have removed her from land without arresting her were immaterial.
Federal 7th Circuit Court
Civil Court
Section 1983 Action