Dist. Ct. erred in denying defendants-police officials’ motion for summary judgment based on qualified immunity grounds in plaintiff’s section 1983 action alleging that defendants withheld favorable evidence and fabricated evidence in plaintiff’s initial murder trial that resulted in hung jury, where plaintiff conceded that instant 14th Amendment claim was not cognizable under either Lewis, 914 F.3d 472 or Kuri, 990 F.3d 573. However, Ct. of Appeals dismissed defendants’ appeal from Dist. Ct.’s denial of their summary judgment motion with respect to plaintiff’s 4th Amendment claim, alleging that plaintiff was detained for three years without probable cause prior to jury’s eventual acquittal of murder charges at second trial, since there was factual dispute as to whether there was probable cause to support defendant’s arrest and pretrial detention.
Federal 7th Circuit Court
Civil Court
Qualified Immunity