Phillips v. Allen

Dist. Ct. did not err in granting defendants-police officials' motion for summary judgment in section 1983 action alleging that defendants arrested plaintiff without probable cause where he was acquitted of robbery charges, and where plaintiff asserted that arresting officer spoiled identification procedure by having conversation within earshot of one eyewitness, who eventually identified plaintiff as culprit after hearing conversation between arresting officer and third-party, who expressed existence of rumor that plaintiff was culprit of robbery, and after arresting officer showed eyewitness photo spread containing plaintiff's picture. Plaintiff could not state viable 4th Amendment violation where no judicial decision has held that mere mentioning of suspect's name within earshot of potential witness was improper.