Unlawful Pretrial Detention

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7^th Circuit Court of Appeals

Case Name: Tabatha Washington v. City of Chicago

Case No.: 22-2467

Officials: Rovner, Wood, and Hamilton, Circuit Judges.

Focus:  Unlawful Pretrial Detention

Washington and Howard were charged with first-degree murder and detained for over a year before being acquitted. They sued the City of Chicago and three police detectives for unlawful pretrial detention under the Fourth Amendment and malicious prosecution under Illinois law. The district court ruled in favor of the defendants.

Earlier, the Circuit Court of Cook County found probable cause to detain both without bail. Shortly after, a grand jury indicted them on first-degree murder charges, including felony murder based on felony mob action. Plaintiffs claimed detectives misled judges and the grand jury to secure probable cause.

The Seventh Circuit upheld the district court’s decision. It held that even if detectives’ alleged misrepresentations were true, prosecutors’ independent fact-finding and remaining evidence still supported probable cause. Thus, judicial probable cause determinations were deemed valid, and pretrial detention didn’t breach the Fourth Amendment. Malicious prosecution claims failed on the same grounds.

Affirmed.

Decided 04/15/24

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