Aleman v. Village of Hanover Park, No. 10-3523 (7th Cir. 2011)Annotate this Case
Plaintiff provided day care in his home. When a sick child collapsed, he performed CPR and called 911. Police arrested plaintiff for aggravated battery and falsely told him that a doctor had stated that the baby's injuries were caused by shaking. Plaintiff signed a waiver, admitted shaking the baby, but stated that he did not cause the injury. The baby died. Plaintiff was charged with murder. The case fell apart when it came to light that the child had been sick and feverish and that the child's mother had a history of violence and abuse. Charges were dismissed. Plaintiff sued five officers and the village (42 U.S.C. 1983), alleging, among other things, that one of the officers shielded the mother and provided doctors with false information because of attraction to the mother. The district court granted summary judgment in favor of the officers and the village. The Seventh Circuit affirmed in part. The court reversed dismissal of a claim of wrongful interrogation against officers, who continued to "badger" plaintiff and employ trickery after he invoked his right to a lawyer. The court reversed dismissal of claims of false arrest and malicious prosecution for murder against the officer who was allegedly protecting the child's mother.