Record contained sufficient evidence to support jury's $4 million verdict in favor of plaintiff in plaintiff's section 1983 action, alleging that defendants-police officials violated his constitutional rights in arresting him on murder charge that resulted in his acquittal. Record did not support plaintiff's due process claim arising out of his pre-trial detention, since court in Manuel, 137 S.Ct. 911, abrogated any due process objection to pre-trial detention that had been approved by judge. However, plaintiff had viable 4th Amendment claim, where jury could properly believe testimony of two eye-witnesses, who stated that defendants-detectives were lying when stating that they had identified plaintiff as one shooter in charged offense. As such, jury could find that plaintiff's arrest and detention were without support. Ct. rejected defendant's argument that plaintiff had no viable 4th Amendment claim once there was judicial decision holding plaintiff in pre-trial custody.
Federal 7th Circuit Court
Civil Court
Section 1983 Actions