Dist. Ct. did not err in granting defendants-police officers’ motion for summary judgment in plaintiffs’ section 1983 action, alleging that defendants violated their constitutional rights when defendants executed search of their apartment by mistake. Record showed that search warrant was support by probable caused that was based on information supplied by confidential informant to warrant issuing judge. Moreover, Dist. Ct. properly applied “informer’s privilege” to preclude plaintiffs from obtaining identity of confidential informant. Also, plaintiffs failed to present sufficient evidence to support claim that defendants unnecessarily prolonged search after defendants had become aware that mistake was made, where plaintiff had failed to produce evidence as to when defendants had some knowledge that mistake had occurred.
Federal 7th Circuit Court
Civil Court
Section 1983 Action