Malicious Prosecution Claim

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7^th Circuit Court of Appeals

Case Name: Daniel Martinez v. City of Chicago, et al.

Case No.: 17-1888

Officials: RIPPLE, KANNE, and BRENNAN, Circuit Judges.

Focus: Malicious Prosecution Claim

In 2012, Chicago Police Department officers arrested Daniel Martinez during a search of his home. They charged him with resisting arrest and obstruction of justice, but a jury acquitted him. He subsequently brought this action under 42 U.S.C. § 1983, alleging that the officers had violated the First and Fourth Amendments of the Constitution of the United States, as made applicable to the states by the Fourteenth Amendment, when they entered and searched his home and seized him. He also alleged that the officers had committed the state tort of malicious prosecution. The jury found for the defendants on all claims. Mr. Martinez unsuccessfully sought judgment as a matter of law and a new trial. The district court entered judgment for the defendants, and Mr. Martinez now appeals. Because we believe that there was sufficient evidence to support the jury verdict and because Mr. Martinez failed to carry his burden of demonstrating the need for a new trial, we affirm the judgment of the district court.

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.