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10-2188 Sow v. Fortville Police Department

By: WISCONSIN LAW JOURNAL STAFF//February 11, 2011//

10-2188 Sow v. Fortville Police Department

By: WISCONSIN LAW JOURNAL STAFF//February 11, 2011//

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Civil Rights
Unlawful arrest

Where a police officer made an arrest based on information from sources he reasonably believed were reliable, summary judgment was properly granted to the officer on the suspect’s unlawful arrest claim.
“Based upon all of the information Fuller received from various sources, he had ample reason to conclude that the $1000 money order in Plaintiff’s possession was fake and reasonably concluded that Plaintiff had committed the offense of forgery. When an officer receives information from a third party whom it seems reasonable to believe is telling the truth, the officer has probable cause to effectuate an arrest. See Kelley v. Myler, 149 F.3d 641, 647 (7th Cir. 1998). In this case, Fuller received information from employees at the Fortville Post Office, from the post office headquarters in Baltimore, Maryland, and from the postal inspector in Indianapolis. Fuller had every reason to believe that these people were giving him truthful, accurate information. Therefore, it was reasonable for Fuller to believe that no further action was necessary on his part. As this court has noted, ‘“[p]robable cause does not depend on the witness turning out to have been right; it’s what the police know, not whether they know the truth, that matters.”’ Id. at 647, quoting Gramenos v. Jewel Cos., Inc., 797 F.2d 432, 439 (7th Cir. 1986). Also, in addition to the information received from these sources, Fuller relied on his own observations and the fact that Plaintiff could not produce a receipt for the $1000 money order.”

Affirmed.

10-2188 Sow v. Fortville Police Department

Appeal from the United States District Court for the Southern District of Indiana, Young, J., McCuskey, J.

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