Mistaken Arrest – Remedies

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7^th Circuit Court of Appeals

Case Name: Jeremy D. Cairel et al v. Jacob Alderden

Case No.: 14-1711

Officials: POSNER, MANION, and HAMILTON, Circuit Judges

Focus: Mistaken Arrest – Remedies

There was no evidence of misconduct warranting civil remedy in mistaken arrest case.

“First, summary judgment was properly granted on plaintiffs’ federal due process claims. Plaintiffs’ fabrication claim is foreclosed because they were not deprived of sufficient liberty to support their claim. Plaintiffs’ suppression claim fails because they have no evidence that defend‐ ants concealed evidence unknown to plaintiffs supporting their alibi or that any failure to disclose caused a deprivation of liberty. Cairel’s substantive due process claim for coercion fails because no reasonable jury could find that his interrogation “shocked the conscience.” Plaintiffs’ state‐law claims also fail. Probable cause for the criminal charges defeats the claims for malicious prosecution, and no reasonable jury could find that defendants’ conduct was so “extreme and outrageous” as to prove intentional infliction of emotional distress.

Affirmed

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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.