Edwards v. Jolliff-Blake
907 F.3d 1052
| 7th Cir. | 2018Background
- In June 2012 Chicago officers obtained a warrant (affidavit by Officer Jolliff-Blake) based on a confidential informant "J. Doe" who said he recently bought heroin from a man called "Fred" at the Edwardses' South Keeler home; Doe identified the house from a photo and in person and identified a photo of Freddy Sutton as "Fred."
- The Cook County judge personally questioned Doe, was given Doe's criminal history, found probable cause, and issued the warrant. The search (four days later) produced no heroin or Sutton, only prescription narcotics and registered guns; limited property damage occurred.
- Edwards family sued under 42 U.S.C. § 1983 alleging (1) warrant unsupported by probable cause, (2) unreasonable search and detention, (3) excessive force, and (4) Monell liability against the City for using John Doe informants.
- District court granted summary judgment for defendants: found the warrant supported by probable cause (totality of circumstances) and, in the alternative, officers entitled to qualified immunity; Monell claim dismissed for failure to show a municipal policy.
- Seventh Circuit majority affirmed: agreed probable cause existed based on Doe’s detailed, recent, firsthand tip, photo and in-person identifications, and the judge’s on-the-record questioning; also held officers entitled to qualified immunity and that search execution/detention were reasonable. A concurrence (dissent) argued credibility conflicts (changing discovery answers, Doe’s confused testimony) created genuine issues for trial as to Jolliff-Blake.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Probable cause for warrant | Doe was unreliable, uncorroborated, confused about location and ID; affidavit omitted material credibility facts | Affidavit showed recent, detailed, firsthand tip; Doe identified house and suspect by photo and in person; judge questioned Doe | Probable cause existed under totality of circumstances; warrant upheld |
| Reckless/false statements in affidavit (Malley claim) | Officer recklessly omitted/addressed credibility-damaging facts (addiction, coercion, confusion) making affidavit knowingly false | Officer disclosed relevant facts (Doe’s drug use, criminal history); no obvious reason to doubt Doe; judge could assess credibility | No reckless disregard shown; qualified immunity applies to officer |
| Execution of search / detention / excessive force | Search was unreasonable given mismatch with "stash house" indicators; excessive force (pushing Nelson) | Warrant authorized search; detention of occupants lawful; brief push reasonable to prevent interference | Execution and detention reasonable; no excessive force liability |
| Monell claim against City | City policy/practice of using John Doe informants permits unconstitutional searches | No viable underlying constitutional violation; plaintiffs failed to plausibly plead a municipal policy causing violation | Monell claim dismissed because individual-violation element lacking |
Key Cases Cited
- Illinois v. Gates, 462 U.S. 213 (probable cause under totality of circumstances)
- United States v. Peck, 317 F.3d 754 (Seventh Circuit focus on totality when reviewing warrant affidavits)
- United States v. Glover, 755 F.3d 811 (informant-tip factors: detail, firsthand observation, corroboration, recency, appearance before magistrate)
- Beauchamp v. City of Noblesville, 320 F.3d 733 (look only to what officer knew when seeking warrant)
- Malley v. Briggs, 475 U.S. 335 (qualified immunity for officers who reasonably rely on warrant; liability where affidavit so lacking that belief is unreasonable)