Please ensure Javascript is enabled for purposes of website accessibility

Malicious Prosecution Claim

By: Derek Hawkins//May 26, 2020//

Malicious Prosecution Claim

By: Derek Hawkins//May 26, 2020//

Listen to this article

7th Circuit Court of Appeals

Case Name: William Lund v. City of Rockford, Illinois, et al.,

Case No.: 19-1945

Officials: EASTERBROOK, ROVNER, and SCUDDER, Circuit Judges.

Focus: Malicious Prosecution Claim

William Lund, a reporter, was arrested in Rockford, Illinois after discovering a police‐run prostitution sting operation in the course of his news‐gathering activities. He sued the City and several officers for retaliatory arrest, malicious prosecution and several other alleged invasions of his rights under federal and state law. The district court granted summary judgment for the defendants. While Lund’s case was pending, the Supreme Court issued its decision in Nieves v. Bartlett, 139 S. Ct. 1715 (2019), which instructs that, in most cases, probable cause to arrest defeats a claim of retaliatory arrest. Because the police had probable cause to arrest Lund, Nieves controls, and we affirm the grant of summary judgment for the defendants.

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.

Polls

Should Steven Avery be granted a new evidentiary hearing?

View Results

Loading ... Loading ...

Legal News

See All Legal News

WLJ People

Sea all WLJ People

Opinion Digests