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· 11/30/2009

GARDUNIO v. Town of Cicero

Citations

  • 674 F. Supp. 2d 976
  • 2009 U.S. Dist. LEXIS 110880
  • 2009 WL 4506318

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • refusing to consider police records at the motion to dismiss stage where the plaintiff alleged that the defendants manufactured evidence against the plaintiff
  • denying motion to dismiss where the complaint alleged the defendant officers agreed to unlawful detain and arrest the plaintiff
  • denying motion to dismiss false- arrest claim because complaint alleged that defendant officers manufactured evidence against plaintiff and thus adequately alleged that he was arrested without probable cause
  • “Plaintiff is not required by the Federal Rules of Civil Procedure to plead [false arrest and conspiracy to falsely arrest] claims [each] in a separate count.”
  • allegations that defendant officers agreed to effect unlawful arrest of plaintiff, and that, in furtherance of said agreement, officers unlawfully detained and fabricated evidence against plaintiff, and withheld exculpatory evidence, were sufficient to survive a motion to dismiss
  • plaintiff stated a claim for conspiracy to falsely arrest when plaintiff alleged defendants agreed to unlawfully arrest him, manufactured evidence against him, withheld existence of exculpatory evidence, and did so at the direction of another defendant

Source: CourtListener parenthetical corpus (CC0).

Judges: Dow

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.