· 12/26/2007
Holmes v. Village of Hoffman Estates
Citations
- 511 F.3d 673
- 2007 U.S. App. LEXIS 29699
- 2007 WL 4482207
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- concluding that allegation that officer slammed head of nonresisting suspect against car roof supported claim for excessive force
- noting that probable cause turns on conclusions reasonable officer could make from information known at time of arrest
- holding that “the basis for each charge must be examined separately, and if probable cause was lacking as to any charge, the defendant[] still may be held liable for his prosecution on that unsupported charge”
- noting that “so long as there is a reasonable basis for the arrest, the seizure is justified on that basis even if any other ground cited for the arrest was flawed”
- denying summary judgment where no reasonable officer could have thought that “gratuitous force” was justified on an “unresisting arrestee”
- agreeing with Johnson and Posr when considering a state-law claim of malicious prosecution
Source: CourtListener parenthetical corpus (CC0).
Judges: Bauer, Manion, Rovner
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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