Civil Rights — wrongful arrest

Listen to this article

United States Court of Appeals For the Seventh Circuit

Civil

Civil Rights — wrongful arrest

A building inspector without authority to arrest anyone can’t be sued for wrongful arrest.

“Here, of course, Kuhn argues that Goodlow must have been directly and personally involved in Kuhn’s arrest if that arrest occurred solely because he failed to obtain a certificate of occupancy. But as the preceding review of the record indicates, Kuhn was arrested (and then convicted) for disorderly conduct—a charge that Officer Muldrow personally observed. It was Officer Muldrow who then made the arrest; something that Goodlow, as a city building inspector, is not authorized to do. There is simply no evidence in the record to suggest a causal connection or affirmative link between Goodlow and the alleged false arrest for disorderly conduct. See Wolf-Lillie, 699 F.2d at 869 (‘Without a showing of direct responsibility for the improper action, liability will not lie against a supervisory official. A causal connection, or an affirmative link, between the misconduct complained of and the official sued is necessary.’). Because Goodlow had no personal responsibility for Kuhn’s disorderly conduct arrest, he cannot be held liable under § 1983.”

Affirmed.

11-1762 Kuhn v. Goodlow

Appeal from the United States District Court for the Northern District of Illinois, Zagel, J., Kanne, J.