Please ensure Javascript is enabled for purposes of website accessibility

09-3873 Jackson v. Parker

By: WISCONSIN LAW JOURNAL STAFF//December 3, 2010//

09-3873 Jackson v. Parker

By: WISCONSIN LAW JOURNAL STAFF//December 3, 2010//

Listen to this article

Civil Rights
False arrest

Even if a police officer framed a motorist for driving while intoxicated, the driver can’t sue for false arrest where he was guilty of other minor traffic offenses.

“It is not a violation of the Fourth Amendment to arrest an individual for even a very minor traffic offense. The Supreme Court has held that ‘[i]f an officer has probable cause to believe that an individual has committed even a very minor criminal offense in his presence, he may, without violating the Fourth Amendment, arrest the offender.’ Atwater v. City of Lago Vista, 532 U.S. 318, 354 (2001) (holding that police may make full custodial arrests for even fine-only offenses); see also People v. Taylor, 902 N.E.2d 751, 759-60 (Ill. App. Ct.) (finding that officer could lawfully place bicyclist under custodial arrest after observing him violating two municipal ordinances regarding bicycle use), appeal denied, 910 N.E.2d 1131 (2009). The Court in Atwater noted that individualized review may be appropriate ‘when a defendant makes a colorable argument that an arrest . . . was conducted in an extraordinary manner, unusually harmful to [his] privacy or even physical interests.’ Atwater, 532 U.S. at 352-53 (internal quotations and citation omitted). In that case, the Court determined that the arrest may have been humiliating, but it was no more harmful to the plaintiff’s privacy or physical interests ‘than the normal custodial arrest.’ Id. at 354. Jackson has similarly not made an adequate showing that his arrest was more harmful than the normal custodial arrest. See, e.g., Chortek v. City of Milwaukee, 356 F.3d 740, 745-46 (7th Cir. 2004).”
Affirmed.

09-3873 Jackson v. Parker

Appeal from the United States District Court for the Northern District of Illinois, Conlon, J., Tinder, J.

Full Text

Polls

Should Steven Avery be granted a new evidentiary hearing?

View Results

Loading ... Loading ...

Legal News

See All Legal News

WLJ People

Sea all WLJ People

Opinion Digests