Lack of Probable Cause – Abuse of Discretion

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Civil

7^th Circuit Court of Appeals

Officials: EASTERBROOK, SYKES, and HAMILTON, Circuit Judges

Lack of Probable Cause – Abuse of Discretion

No. 14-1347 Carlton Hart v. Christine Mannina

Although disturbing, videotaped police investigation airing on national television where appellant was wrongfully arrested did not violate appellant constitutional rights.

“There are many troubling aspects of IMPD’s investigation, and this case should warn police departments about having their detectives moonlight as television stars. But on this record, we must affirm. Even the troubling aspects of the investigation do not add up to evidence of a violation of Hart’s constitutional rights. A reasonable trier of fact could not find that police lacked probable cause to arrest him. Nor could a reasonable jury find that the lead detective, defendant Christine Mannina, made false or misleading statements in her probable cause affidavit. Four surviving witnesses from the home invasion separately identified Hart as one of the men who attacked them. None of the police had any reason to doubt these identifications when they arrested Hart.”

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.