4th Amendment Violation-

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7^th Circuit Court of Appeals

Case Name: Chase Braun v. Village of Palatine

Case No.: 20-3227

Officials: Sykes, Chief Judge, and Scudder and Kirsch, Circuit Judges.

Focus: 4th Amendment Violation-

While driving home to Chicago one night in September 2017, Braun suffered a seizure and crashed into a telephone pole in suburban Palatine. Officer Licari of the Palatine Police Department was first on the scene.  Braun could not remember what happened, but his appearance, behavior, and the circumstances of the accident caused Officer Licari to suspect that he was intoxicated. The crash occurred late at night, and Braun had slurred speech, bloodshot and glassy eyes, and difficulty balancing. Bizarrely, he told the officer that he lived in “Chicago-Miami.” And he said he had consumed a beer earlier in the evening.

Braun then sued Officer Licari raising Fourth Amendment claims for false arrest and failure to provide medical care.

Although Braun passed a Breathalyzer test at the station, other indicia of intoxication provided probable cause to arrest him for driving under the influence. And because Officer Licari neither knew nor had reason to know of Braun’s initial seizure or other medical needs, his failure to provide medical care was reasonable. Finally, Braun abandoned his Monell claim about widespread police misconduct. Though he moved to reinstate it almost a year and a half after it was dismissed, the judge reasonably concluded that the request came far too late.

Affirmed.

Decided 12/29/22

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