Probable Cause

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7^th Circuit Court of Appeals

Case Name: Jermaine Jackson v. City of Peoria, Illinois

Case No.: 14-3701

Officials: WOOD, Chief Judge, and BAUER and EASTERBROOK, Circuit Judges.

Focus: Probable Cause

Officers had sufficient probable cause to arrest and hold appellant in custody.

“The arrest (as opposed to the trial) did subject Jackson to a period of custody, but it was justified by the probable cause to arrest and later by an indictment. Jackson maintains that he was mistreated during this custody by being held incommunicado and without food for several days. That would be a good ground for recovery against the jailers (if it happened), but Jackson did not sue any of the guards. He sued only the arresting officers. His theory is that the officers instructed the guards to mistreat him. For this assertion he has—once again—not a smidgen of evidence. He does not say that he heard any police officer issue such instructions. He does not explain how he learned about these supposed instructions. Discovery did not turn up instructions to mistreat him. The police and the jailers said in discovery that no such instructions had been issued or received. An argument of this kind, resting on nothing at all, is irresponsible. Attorney Kamin should count himself lucky that the appellees have not requested sanctions under Fed. R. App. P. 38.”

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.