Petty v. City of Chicago, No. 12-3303 (7th Cir. 2014)
Annotate this CasePetty was arrested on the suspicion that he, along with another person, shot and killed Counsel and wounded two others. Petty was identified as the shooter and was indicted for murder, but was found not guilty. After his acquittal, Petty filed suit under 42 U.S.C. 1983 against the city and individual Chicago Police Department officers arguing that the officers violated his due process rights by intentionally mishandling the shooting investigation and prosecuting him for murder based on falsified evidence. Petty alleged that officers held a witness, Tarver, in a room for more than 13 hours without food, water, or access to a bathroom until he implicated him. He also alleged that they concealed evidence and failed to disclose their misconduct in violation of Brady v. Maryland. The district court rejected the claims. The Seventh Circuit affirmed, noting that Petty was aware of the alleged misconduct before trial and had ample opportunity to make use of the information at trial. Petty’s “coerced evidence” claim was not cognizable under the Due Process Clause. Petty did not suffer a constitutional injury sufficient to support his claim that the city was liable for the officers’ conduct because it had a policy of detaining people believed to be witnesses for extended periods against their will.
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