Dist. Ct. did not err in dismissing for failure to state cause of action plaintiff’s Monell action against defendant-City, alleging that police dept.’s policies, that held him in custody for more than 48 hours before appearing at probable-cause hearing, as well as required that he participate in line-ups that produced misidentifications of him as culprit and that continued to label him as bank robber in certain closed police files, violated his due process and other constitutional rights. Plaintiff already prevailed in similar section 1983 action against police officers on his prolonged detention claim, and thus plaintiff could not proceed on same claim in the instant action. Moreover, defendant’s due process claim alleging that he was forced to participate in lineups that produced misidentification of him as culprit is without merit since said misidentifications were not admitted at trial. Also, nothing in Constitution addresses alleged reputational harm arising out of retention of false or misleading police files. (Partial dissent filed.)
Federal 7th Circuit Court
Civil Court
Due Process