Cairel v. Alderden, No. 14-1711 (7th Cir. 2016)
Annotate this CaseCairel and Johnson, lawfully repossessing cars, were stopped for a traffic violation. The officers, aware of recent robberies in the area, grew suspicious and called a victim to the scene. The victim identified Cairel and Johnson as the men who had robbed him the night before. The officers arrested them. During subsequent questioning, Cairel, who has a learning disability and low IQ, confessed to several robberies and implicated Johnson. Prosecutors filed charges. Johnson pled guilty in exchange for probation. Further investigation revealed that both men were innocent. A year later, prosecutors dismissed Cairel’s case and allowed Johnson to withdraw his plea. Neither man was imprisoned. They sued the detectives under 42 U.S.C. 1983 for allegedly fabricating Johnson’s confession, failing to disclose a potential alibi witness, and coercing Cairel’s confession. The Seventh Circuit affirmed summary judgment for defendants. Plaintiffs were not deprived of sufficient liberty to support their fabrication claim. There was no evidence that defendants concealed evidence unknown to plaintiffs supporting their alibi or that any failure to disclose caused a deprivation of liberty. No reasonable jury could find that Cairel’s interrogation “shocked the conscience” or that defendants’ conduct was so “extreme and outrageous” as to prove intentional infliction of emotional distress.Probable cause for the criminal charges defeated claims for malicious prosecution.
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