Lawson v. Veruchi
2011 U.S. App. LEXIS 1783
| 7th Cir. | 2011Background
- Jeffery A. Lawson was arrested for assault based on a warrant tied to Colvin's identification.
- Colvin described the attacker and provided a license plate; detective Veruchi prepared an arrest warrant.
- A photo array was shown; Colvin allegedly identified Jeffery A. in the lineup; Arcadia's identification is disputed.
- Colvin later testified she did not identify Jeffery A.; evidence suggests a misidentification may have occurred.
- Jeffery A. remained jailed for 34 days before charges were dropped; he sued Veruchi and Rockford under §1983.
- District court granted summary judgment to Veruchi and Rockford on federal claims and declined state claims.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Veruchi knowingly included false statements | Jeffery A. asserts false statements caused lack of probable cause. | Veruchi argues Colvin identified Jeffery A. and statements were accurate. | Probable cause lacking if false statements were knowingly included. |
| Impact of misidentification on probable cause | Jeffery A. contends misidentification invalidates warrant. | Rockford defends warrant based on Colvin and Arcadia evidence. | Misidentification can void probable cause if essential facts are false. |
| Qualified immunity for Veruchi | Clearly established warrant invalidity when false statements used. | Officer acted with probable cause and good faith reliance on affidavit. | Not entitled to qualified immunity given false statements and lack of probable cause. |
| District court summary judgment and remand | Judgment incorrect; material facts disputed; claims should go to trial. | District court improperly denied merits; no triable issues. | Summary judgment reversed; remand for reconsideration of federal and state claims. |
Key Cases Cited
- Knox v. Smith, 342 F.3d 651 (7th Cir. 2003) (false statements in warrant negate probable cause)
- Michael C. v. Gresbach, 526 F.3d 1008 (7th Cir. 2008) (clearly established rights if warrant relied on false statements)
- Olson v. Tyler, 771 F.2d 277 (7th Cir. 1985) (warrant affidavit can be impeached for false statements)
- Gonzalez v. City of Elgin, 578 F.3d 526 (7th Cir. 2009) (probable cause standards for false arrest claims)
- Chelios v. Heavener, 520 F.3d 678 (7th Cir. 2008) (probable cause standard for arrest warrants)