4th Amendment Violation – Unlawful Seizure and Malicious Prosecution

By: Derek Hawkins//December 30, 2019//

Listen to this article

7^th Circuit Court of Appeals

Case Name: Shirlena Barnes v. City of Centralia, Illinois, et al.

Case No.: 19-1377

Officials: WOOD, Chief Judge, and KANNE and BRENNAN, Circuit Judges.

Focus: 4^th Amendment Violation – Unlawful Seizure and Malicious Prosecution

While arresting gang members in Centralia, Illinois, police officer Michael Peebles felt intimidated when Shirlena Barnes, a city resident with gang connections, drove up and yelled derogatory epithets. Later, Barnes posted statements on social media that Peebles believed threatened him and his family. As a private citizen, Peebles submitted a complaint to the police department and participated no further. After a police investigation, Barnes was arrested, and a criminal prosecution followed. The state later dismissed the charges, and Barnes sued Peebles and the City of Centralia asserting her civil rights were violated. The district court granted summary judgment to the officer and the city, which we affirm.

Affirmed

Full Text

Derek A Hawkins is trademark corporate counsel for Harley-Davidson. Hawkins oversees the prosecution and maintenance of the Harley-Davidson’s international trademark portfolio in emerging markets.

Select Region or Brand

Upcoming Event