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· 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 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.