Lopez v. City of Chicago case brief summary
464 F.3d 711 (2006)
DISCUSSION
CONCLUSION
The court reversed the district court's order.
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464 F.3d 711 (2006)
CASE SYNOPSIS
Plaintiff arrestee appealed the grant
of judgment as a matter of law to defendants, a city and detectives,
by the United States District Court for the Northern District of
Illinois, Eastern Division, on his 42 U.S.C.S. §
1983 claim, alleging that defendants subjected him to an
unconstitutional detention in violation of the Fourth and
Fourteenth Amendments, and his state law claim for intentional
infliction of emotional distress.DISCUSSION
- The court reversed the grant of judgment as a matter of law to defendants, holding that the arrestee was entitled to judgment as a matter of law on his claim that the detectives violated his Fourth Amendment right to a prompt judicial determination of probable cause.
- When a Gerstein probable cause hearing was not held within 48 hours of a warrantless arrest, the government had to show the existence of an emergency or other extraordinary circumstance to justify its failure to promptly present the person arrested to a judicial officer for a probable cause determination.
- In the instant case, defendants offered no reason for the five-day delay other than the continuation of their investigation, but delays to gather additional evidence were per se unreasonable under McLaughlin.
- The court found that there was conflicting evidence at trial on the arrestee's treatment while in the detectives' custody, raising a jury issue on his constitutional claim relating to the conditions of his warrantless detention and his state law claim for intentional infliction of emotional distress.
- The district judge should not have taken the claims from the jury and resolved the factual conflict himself.
CONCLUSION
The court reversed the district court's order.
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