Bennett v. Clark
1:24-cv-12658
| N.D. Ill. | Jul 24, 2025Background
- Daiquan Bennett was stopped by Chicago police officers after running two stop signs; he produced a license and expired insurance.
- Officers questioned Bennett, learned he was on probation, smelled burnt cannabis, noticed a bulge in his pocket, and recovered improperly stored cannabis from him.
- The officers then searched Bennett’s car and found a firearm under the passenger seat, leading to the arrest of Bennett and his girlfriend.
- Bennett was charged with multiple firearm-related offenses but was acquitted on three counts and the remainder were dismissed.
- He filed a § 1983 suit against the officers and the City of Chicago for unlawful search, seizure, arrest, detention, and malicious prosecution.
- The case comes before the court on defendants’ motion to dismiss.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Unreasonable search and seizure | Officers lacked reasonable suspicion or probable cause to search or prolong the stop. | Officers had reasonable suspicion and probable cause (traffic, cannabis). | Dismissed; officers had probable cause based on observed facts. |
| False arrest | Officers lacked probable cause for arrest. | Probable cause existed for arrest for traffic or cannabis offenses. | Dismissed; arrest supported by probable cause. |
| Unlawful pretrial detention | Detention lacked probable cause. | Detention justified by probable cause. | Dismissed; pretrial detention lawful due to probable cause. |
| Malicious prosecution (federal/state) | No probable cause for firearm charges, prosecution ended in favor. | Possession of firearm created probable cause for prosecution. | Not dismissed; insufficient facts to establish probable cause for charges. |
Key Cases Cited
- Ashcroft v. Iqbal, 556 U.S. 662 (conclusory allegations insufficient to avoid dismissal)
- Terry v. Ohio, 392 U.S. 1 (reasonable suspicion standard for investigatory stops)
- Rodriguez v. United States, 575 U.S. 348 (traffic stops must not be prolonged without reasonable suspicion)
- Michigan v. DeFillippo, 443 U.S. 31 (probable cause for arrest standard)
- Thompson v. Clark, 596 U.S. 36 (elements of Fourth Amendment malicious prosecution)
- Fox v. Hayes, 600 F.3d 819 (probable cause is an absolute defense to false arrest)
- Beaman v. Freesmeyer, 183 N.E.3d 767 (Illinois law elements for malicious prosecution)
- Jackson v. Parker, 627 F.3d 634 (probable cause for arrest or detention)