Kuhn v. Goodlow
2012 U.S. App. LEXIS 8898
7th Cir.2012Background
- Kuhn leased a home in Markham without a valid certificate of occupancy.
- Building Inspector Goodlow refused to issue a CO after finding the property deficient.
- Goodlow and Officer Muldrow later observed Kuhn’s tenant moving in, prompting Kuhn’s confrontation.
- Kuhn was arrested for disorderly conduct and later convicted; he also received a citation for lack of occupancy permit.
- Kuhn sued under §1983 and for state-law claims; the district court dismissed the police defendant and later granted summary judgment to Goodlow.
- The Seventh Circuit affirmed the grant of summary judgment, addressing Heck and personal-liability issues.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Goodlow can be liable under §1983 | Kuhn argues Goodlow caused the arrest via directing Muldrow. | There is no direct citation linking Goodlow to the arrest; Muldrow acted personally. | Goodlow not personally liable; no direct responsibility shown. |
| Whether Heck v. Humphrey bars Kuhn's §1983 claim | Claim does not rely on invalidating the conviction. | Heck bars claims that would imply invalidity of the conviction. | Court declines to resolve Heck applicability here, but affirms on alternative basis. |
| What charge formed the basis of Kuhn's arrest | Arrest solely for lack of occupancy permit. | Arrest for disorderly conduct, with occupancy citation added later. | Record shows arrest for disorderly conduct; occupancy citation followed arrest. |
Key Cases Cited
- Heck v. Humphrey, 512 U.S. 477 (Supreme Court 1994) (bar on §1983 claims for convictions invalidated)
- Okoro v. Callaghan, 324 F.3d 488 (7th Cir. 2003) ( Heck applicability overview in Seventh Circuit)
- Wolf-Lillie v. Sonquist, 699 F.2d 864 (7th Cir. 1983) (personal liability requires causal link for §1983)
- Grieveson v. Anderson, 538 F.3d 763 (7th Cir. 2008) (personal liability standards for §1983 supervisors)
- Townsend v. Fuchs, 522 F.3d 765 (7th Cir. 2008) (supervisory liability and causation in §1983 actions)
- Holmes v. Village of Hoffman Estates, 511 F.3d 673 (7th Cir. 2007) (summary-judgment standards and evidentiary review)
- Ruth v. Triumph P'ships, 577 F.3d 790 (7th Cir. 2009) (reserving judgment on specific evidentiary issues)
- Stokes v. Bd. of Educ. of Chicago, 599 F.3d 617 (7th Cir. 2010) (genuine dispute standard for summary judgment)
- Anderson v. Liberty Lobby, Inc., 477 F.2d 242 (Supreme Court 1986) (clear and convincing standard for avoiding summary judgment)