Garcia v. Posewitz, No. 22-1124 (7th Cir. 2023)
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Cichocki called the police to report that her 15-year-old daughter, G.C., had been sexually assaulted by Garcia days earlier at a resort where the families were vacationing. Cichocki told Detective Posewitz that G.C. had reported that, while G.C. and the other children were in the pool, Garcia purposely touched her breasts and “down there.” Both families stayed at the resort until the next afternoon. Cichocki suggested that G.C. could not remember all the details of the incident and had expressed fear that the video would contradict her report. Posewitz interviewed G.C., who described the incidents. Surveillance footage of the pool area was poor quality and inconclusive. Although the area was crowded, there were apparently no witnesses. ADA Spoentgen drafted a criminal complaint, which ADA Hoffman reviewed. It did not refer to the surveillance footage or Cichoki's statements. The Court Commissioner found probable cause for Garcia’s arrest. The court found probable cause to proceed to trial. After Hoffman’s opening statement, the judge declared a mistrial because Hoffman mentioned that G.C. had a learning disability, which had not been disclosed to the defense.
Garcia sued Posewitz, Hoffman, and Spoentgen under 42 U.S.C. 1983. The Seventh Circuit affirmed summary judgment for the defendants, citing qualified immunity. No reasonable jury could find that it would have been clear to a reasonable officer that the information omitted from the complaint would have negated probable cause. G.C.’s and Cichocki’s accounts were largely consistent; the defendants lacked any indication that either had a motive to lie.
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