Daniel McNett v. Nicholas Robertson
18-1508
7th Cir.Mar 20, 2019Background
- Plaintiff Daniel McNett, an Illinois inmate, sued Palatine police Officers Nicholas Robertson and Mark Dockendorf and the Village of Palatine under 42 U.S.C. § 1983, alleging an unreasonable stop and false arrest in violation of the Fourth Amendment and a Monell policy claim.
- Officers boxed in McNett’s car outside a church homeless shelter after responding to a 911 call from a driver who said McNett was following her. McNett was part of a procession of cars to the shelter.
- When questioned, McNett produced a driver’s license that the complaint later acknowledged was invalid. The officers arrested him.
- The district court screened and dismissed the complaint under 28 U.S.C. § 1915A, concluding McNett pleaded facts that defeated his claims (reasonable suspicion for the stop; probable cause for arrest; insufficient Monell allegations).
- McNett appealed; the Seventh Circuit reviewed the dismissal de novo and accepted his pleaded facts as true. The Seventh Circuit affirmed the dismissal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Legality of the stop | Stop was unreasonable because the 911 caller did not allege criminal activity and officers did not verify the caller | 911 tip gave reasonable suspicion to stop and investigate; officers need not verify caller identity before stopping | Stop was reasonable; 911 tip provided reasonable suspicion to investigate |
| Validity of the arrest | Arrest was false; McNett challenges detention/arrest | McNett admitted he produced an invalid driver’s license, giving officers probable cause to arrest for driving without a license | Arrest supported by probable cause; Fourth Amendment claim fails; Monell claim fails without underlying violation |
Key Cases Cited
- Cesal v. Moats, 851 F.3d 714 (7th Cir. 2017) (standard of review for § 1915A dismissal)
- United States v. Drake, 456 F.3d 771 (7th Cir. 2006) (911 tip can provide reasonable suspicion)
- United States v. Wooden, 551 F.3d 647 (7th Cir. 2008) (police need not verify identity of 911 callers before investigating tips)
- District of Columbia v. Wesby, 138 S. Ct. 577 (2018) (discussion of probable cause and arrests)
- Atwater v. City of Lago Vista, 532 U.S. 318 (2001) (officer may arrest for misdemeanor committed in officer’s presence)
- Ewell v. Toney, 853 F.3d 911 (7th Cir. 2017) (probable cause analysis)
- Horton v. Pobjecky, 883 F.3d 941 (7th Cir. 2018) (Monell claim requires an underlying constitutional violation)