WASHINGTON (AP) — The Supreme Court is giving an Illinois man a new chance to sue the city of Joliet and its police officers who arrested him on trumped up charges and kept him in jail for nearly seven weeks.
Tuesday’s 6-2 ruling ordered the federal appeals court in Chicago to reconsider a lawsuit filed by Elijah Manuel. Police arrested him in 2011 and falsely claimed he was in possession of the illegal drug known as ecstasy.
The police persuaded a prosecutor that Manuel had illegal drugs and the prosecutor took the case to a grand jury and obtained an indictment. When prosecutors finally saw a police lab report showing that the pills Manuel had were vitamins, the indictment was dismissed.
Manuel sued, but lower courts said his claim of unlawful arrest was too late and that he could not sue for unlawful detention under the Fourth Amendment, which bars unreasonable searches and seizures.
Writing for the high court, Justice Elena Kagan said the Fourth Amendment applies not just to arrests, but also when suspects are detained. She said Manuel could bring a claim of wrongful detention because the judge’s order holding Manuel for trial “lacked any proper basis.”
Justices Samuel Alito and Clarence Thomas dissented, saying Manuel's case was a malicious prosecution claim that could not be brought under the Fourth Amendment.
- Posted March 22, 2017
- Tweet This | Share on Facebook
Justices give new life to man's false arrest lawsuit
headlines Macomb
- Macomb County Meals on Wheels in urgent need of volunteers ahead of holiday season
- MDHHS hosting three, free virtual baby showers in November and December for new or expecting families
- MDHHS secures nearly 100 new juvenile justice placements through partnerships with local communities and providers
- MDHHS seeking proposals for student internship stipend program to enhance behavioral health workforce
- ABA webinar November 30 to explore the state of civil legal aid in America
headlines National
- Lucy Lang, NY inspector general, has always wanted rules evenly applied
- ACLU and BigLaw firm use ‘Orange is the New Black’ in hashtag effort to promote NY jail reform
- 2024 Year in Review: Integrated legal AI and more effective case management
- How to ensure your legal team is well-prepared for the shifting privacy landscape
- Judge denies bid by former Duane Morris partner to stop his wife’s funeral
- Attorney discipline records short of disbarment would be expunged after 8 years under state bar plan