Federal 7th Circuit Court
Civil Court
Section 1983 Action
Dist. Ct. did not err in granting defendants-police officers’ motion for summary judgment in section 1983 action alleging that defendants violated plaintiff’s 4th Amendment rights in conducting false arrest on residential burglary charge, where plaintiff was ultimately acquitted of said charge. While plaintiff argued that defendants stopped and arrested him without probable cause, record showed that defendants could properly stop plaintiff in his vehicle where: (1) at time of stop defendants had received information that suspect in recent residential burglary was at different residence where defendants observed plaintiff leave in his vehicle; and (2) plaintiff generally matched description of suspect. Moreover, while plaintiff’s height was drastically different than what was told to defendants, so as to provide some doubt that plaintiff was actual suspect, defendants could still arrest plaintiff on traffic charge since plaintiff failed to produce valid license.