Fleming v. Livingston Cty., No. 11-2170 (7th Cir. 2012)
Annotate this CaseWhile on patrol, Officer Turner spoke to a man who reported that someone had just broken into his home and fondled his two daughters, who had been sleeping. A short time later, Turner interviewed the girls, who described the intruder as wearing camouflage cargo shorts and a dark baseball cap. Turner left the house and stopped a man walking a dog in an alleyway near the house (plaintiff). Plaintiff was wearing camouflage cargo shorts and a black baseball cap. No one else was in the area. Plaintiff agreed to stay in the police cruiser, Turner re-interviewed the girls, called the state's attorney's office for advice, arrested plaintiff, and conducted a "show-up," where the girls identified plaintiff as the intruder. The state court later dismissed charges for lack of evidence. The district court entered summary judgment for defendants in plaintiff’s suit under 42 U.S.C. 1983, and Illinois state law. The Seventh Circuit affirmed with respect to a false arrest claim against Turner and an indemnification claim against the county (Local Governmental Tort Immunity Act, 745 ILCS 10/1-101).
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