Neita v. City of Chicago

Dist. Ct. erred in dismissing for failure to state cause of action plaintiff’s section 1983 action alleging that defendants subjected him to false arrest and unlawful searches and seizures that resulted in multiple counts of animal cruelty and neglect charges to which plaintiff had been found not guilty. Plaintiff adequately alleged that defendants lacked probable cause to arrest him on animal cruelty charges, where he merely showed up to animal control with two dogs that had problems with aggression or had been sick from whelping puppies, but who otherwise showed no signs of abuse or neglect. Moreover, because plaintiff stated adequate claim for false arrest, his related claim that defendants subjected him to illegal searches of his person, vehicle and business could go forward. Fact that plaintiff did not raise issue with respect to search of his vehicle until he identified issue in his amended complaint that was filed after applicable two-year limitations period had elapsed did not require different result, since said allegation related back to original, timely complaint, where said claim sufficiently related to search and seizure issues raised in original complaint.