Plaintiff filed a lawsuit under § 1983 against three police officers who investigated a murder after plaintiff’s conviction for that murder was vacated. Plaintiff alleged that the officers used a photo array and lineup that were unconstitutionally suggestive because he was the only person who wore his hair in braids and the eye witnesses had described braids as a characteristic of the shooter. The district court denied the defendants’ motion to dismiss and defendants appealed. The Seventh Circuit reversed, explaining that there is no precedent for finding police officers liable for damages when the judge allowed prosecutors to introduce suggestive identifications into evidence at trial and that the absence of a clearly established right entitled the defendants to qualified immunity. (ST. EVE and KOLAR, concurring)
Federal 7th Circuit Court
Civil Court
Qualified Immunity