Rainsberger v. Benner, No. 17-2521 (7th Cir. 2019)Annotate this Case
Rainsberger was charged with murdering his elderly mother and was held for two months. He claims that the detective who built the case against him, Benner, submitted a probable cause affidavit that contained lies and omitted exculpatory evidence. When the prosecutor dismissed the case because of evidentiary problems, Rainsberger sued Benner under 42 U.S.C. 1983. The district court denied Benner’s motion, in which he argued qualified immunity. Benner conceded, for purposes of his appeal, that he knowingly or recklessly made false statements in the probable cause affidavit, arguing that knowingly or recklessly misleading the magistrate in a probable cause affidavit only violates the Fourth Amendment if the omissions and lies were material to probable cause. The Seventh Circuit rejected that argument. Materiality depends on whether the affidavit demonstrates probable cause when the lies are taken out and the exculpatory evidence is added in. When that is done in this case, Benner’s affidavit fails to establish probable cause to believe that Rainsberger murdered his mother. Because it is clearly established that it violates the Fourth Amendment “to use deliberately falsified allegations to demonstrate probable cause,” Benner is not entitled to qualified immunity.