Federal 7th Circuit Court
Civil Court
Section 1983 Action
Dist. Ct. did not err in granting defendants-police officials’ motion for summary judgment in section 1983 action alleging that defendants lacked reasonable suspicion to stop plaintiff in his vehicle, when defendants attempted to detain third-party whom defendants believed was subject of felony arrest warrant. Record showed that plaintiff, third-party and others were on front porch of home when defendants approached said group, and when plaintiff and others began to scatter. As such, defendants had reasonable suspicion to stop defendant’s vehicle since they could have reasonably believed that third-party was in said vehicle. Fact that defendants handcuffed plaintiff to secure scene did not transform stop into full-blown arrest, where record suggested that defendants were attempting to protect themselves while apprehending third-party who was suspect in murder case. Moreover, defendants had probable cause to subsequently arrest plaintiff when they later learned that plaintiff was driving stolen vehicle. Also, plaintiff could not proceed on claim that defendants improperly allowed unsworn facts to form basis of arrest report, where record showed that no named defendant played any role in generating said report.