Civil Rights — wrongful arrest — probable cause

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United States Court of Appeals For the Seventh Circuit

Civil

Civil Rights — wrongful arrest — probable cause

An identification by an eyewitness who lacks an apparent grudge against the accused person supplies probable cause for arrest, even if the identification would be considered unreliable at trial.

“Biggers and similar decisions don’t support Phillips’s position directly. They concern the admissibility of evidence at criminal trials, not claims for damages against arresting officers. Similarly, decisions such as United States v. Johnson, 859 F.2d 1289, 1294 (7th Cir. 1988), and United States ex rel. Hudson v. Brierton, 699 F.2d 917, 923–24 (7th Cir. 1983), whose significance the parties debate, concern the admissibility of evidence at a criminal trial. But Phillips contends that the Biggers approach should be extended from trials to arrests, and from a rule of evidence to a rule of damages. We think that the proposed extension would be improvident.”

Affirmed.

10-3559 Phillips v. Allen

Appeal from the United States District Court for the Northern District of Illinois, Dow, J., Easterbrook, J.