(DOWNLOAD) "Spiegel v. Cortese" by Seventh Circuit U.S. Court of Appeals # Book PDF Kindle ePub Free
eBook details
- Title: Spiegel v. Cortese
- Author : Seventh Circuit U.S. Court of Appeals
- Release Date : January 01, 1999
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 61 KB
Description
Marshall Spiegel sued Detective Joseph Cortese, four other City of Chicago police officers, an employee of the Citys Department of Aging (collectively, the "individual defendants") and the City of Chicago under 42 U.S.C. sec. 1983, alleging that the individual defendants arrested him without probable cause in violation of the Fourth Amendment and that the arrest was conducted pursuant to an unconstitutional official policy or custom. The district court previously dismissed Spiegels claims against three of the officers and the employee from the citys Department of Aging, holding that the four were not personally involved in Spiegels arrest. Cortese argued at three separate stages in the case that qualified immunity shielded him from liability, but the district court rejected his argument, and, after a jury trial, entered judgment against him. Thus Cortese only appeals the district courts decision, arguing that the trial Judge should have granted his post-trial motion for judgment as a matter of law because he was entitled to qualified immunity. Spiegel cross-appeals, arguing that the district court erred in dismissing the claims against the individual defendants other than Cortese and another police officer. The core issue in this appeal is whether qualified immunity shields a police officer who concludes that there is probable cause to arrest a suspect based on a putative victims allegations that the suspect denies. Because we hold that qualified immunity applies in such a case, we reverse the judgment of the district court. As to Spiegels cross-appeal, we affirm.