Phillips v. Allen, No. 10-3559 (7th Cir. 2012)
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As Graham entered a public library, her purse, containing $5,000 in cash, was grabbed. She struggled with the snatcher. The robber shot Graham in the head and her mother in the chest, before fleeing. Graham described the attacker to police officers, but did not say that she knew her assailant. A neighbor, visiting the women in the hospital, told police that he had heard a rumor that Phillips, who lived in Graham's neighborhood, had been watching currency exchanges and robbing people who cashed tax-refund checks (as Graham had done). Graham later identified Phillips from a photo array and a lineup. Phillips had a strong alibi and there was no other evidence against him. After his acquittal, he filed suit (42 U.S.C. 1983) against the village and officers. The district court entered summary judgment for defendants, holding that the identification established probable cause. The Seventh Circuit affirmed. Mentioning Phillips' name to the victim, who claimed she did not know him, did not taint the identification.
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