Due Process

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7^th Circuit Court of Appeals

Case Name: Eric T. Alston v. City of Madison, et al

Case No.: 16-1034

Officials: FLAUM, MANION, and KANNE, Circuit Judges.

Focus: §1983 Suit – Due Process

The Madison Police Department established a focused deterrence program to increase surveil‐ lance of repeat violent offenders in Madison. Eric Alston was one of ten repeat violent offenders originally selected for the program.   Alston brought this § 1983 suit against the City of Madison, then Chief of Police Noble Wray, Lieutenant Tom Woodmansee, and three detectives—Cory Nelson, Samantha D. Kellogg, and Paige Valenta—claiming that he was select‐ ed for the program because of his race in violation of his equal‐protection rights. Alston also argued that his inclusion in the program deprived him of liberty without due process of law: he contended that he was stigmatized as a repeat violent offender and subjected to increased surveillance, penal‐ ties, and reporting requirements, and to a biased probation‐ revocation hearing examiner.   While in the program, Alston’s probation officer Brian Reynolds issued an apprehension request when Alston allegedly failed to attend a scheduled appointment. Alston argued that he rescheduled the appointment before he missed it, so the apprehension request violated his Fourth Amendment rights.   The district court granted the defendants’ motion for summary judgment. Because Alston failed to produce evidence that would allow a reasonable trier of fact to conclude that the program had a discriminatory effect or purpose, that Alston’s legal rights were altered by being included in the program, and that the apprehension request issued without reasonable suspicion, we reject Alston’s arguments.

Affirmed

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