Fleming v. Livingston County, Ill., 2012 U.S. App. LEXIS 6268

Fleming was arrested in Flanagan, Illinois on Aug. 4, 2006 for alleged residential burglary and sexual assault after Deputy Turner interviewed the Troxels and observed Fleming nearby.
Haleigh Troxel identified the intruder as wearing camouflage cargo shorts, a t-shirt, and a dark baseball cap; Turner then located Fleming about a half-block away.
Turner obtained confirmation from the state’s attorney that there was probable cause before arrest; Fleming was shown to the Troxels, who identified him again.
Charges were dismissed in state court; Fleming sued under 42 U.S.C. § 1983 for false arrest and state-law indemnification claims against Turner, the Sheriff, and Livingston County.
Discovery extended; Fleming introduced late evidence alleging Turner’s investigation took longer than Turner claimed, via Harmon Cook’s photos and a recreated timeline.
The district court granted summary judgment to defendants, and the district court struck the late evidence; the Seventh Circuit ultimately affirmed summary judgment on qualified-immunity grounds.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Turner had probable cause to arrest Fleming	Fleming argues no probable cause given conflicting details and timing.	Turner had probable cause based on proximity, description match, and corroboration with the state's attorney.	Probable cause or arguable probable cause supported immunity
Whether Turner is entitled to qualified immunity	Even if no probable cause, Turner fabricated evidence to create it.	Turner reasonably believed probable cause existed; show-up corroboration supported this; attorney consultation reinforced immunity.	Turner entitled to qualified immunity; no denial of immunity based on disputed details
Whether the district court properly struck Fleming’s untimely evidence	Late evidence should be considered; it could negate probable cause.	Evidence was untimely and properly struck, but district court considered it in cautionary fashion.	No abuse of discretion; summary judgment affirmed on immunity grounds

Humphrey v. Staszak, 148 F.3d 719 (7th Cir. 1998) (establishes standard for qualified immunity with probable cause)
Qian v. Kautz, 168 F.3d 949 (7th Cir. 1999) (probable cause standard; reasonable belief suffices)
Catlin v. City of Wheaton, 574 F.3d 361 (7th Cir. 2009) (clarifies qualified immunity for police with reasonable belief)
Texas v. Brown, 460 U.S. 730 (1983) (probable-cause standard does not require certainty)
Baker v. McCollan, 443 U.S. 137 (1979) (clear establishes rights; but not absolute immunity)
Gerstein v. Pugh, 420 U.S. 103 (1975) (probable cause and detention standards)
Pierson v. Ray, 386 U.S. 547 (1967) (qualified immunity lineage)
Kijonka v. Seitzinger, 363 F.3d 645 (7th Cir. 2004) (prosecutor consultation aids immunity defense)
Hervey v. Estes, 65 F.3d 789 (9th Cir. 1995) (materiality of falsifications to probable cause)
Holmes v. Village of Hoffman Estates, 511 F.3d 673 (7th Cir. 2007) (probable-cause analysis framework for false arrest)
Morfin v. City of E. Chicago, 349 F.3d 989 (7th Cir. 2003) (probable-cause framework and reasonableness standard)