Mucha v. Village of Oak Brook
2011 U.S. App. LEXIS 2825
| 7th Cir. | 2011Background
- In 2004 Mucha investigated police misconduct and observed employees parking outside the Gaiks’ home, prompting concern about idle policing.
- In Jan 2005 Frances Gaik contacted Kadolph, though he had no personal contact with Gaik, raising concerns about internal police lists.
- Mucha created a false identity, infiltrated CBG meetings, and drafted a rebuttal posted on the police union site, after which Gaik complained.
- On Feb 1, 2005 Mucha used LEADS to run a criminal background check on Frances Gaik, a system restricted to law enforcement use.
- The Gaiks sued the Village, Mucha, and the prosecutor for civil rights; Mucha later admitted eschewing legitimate bases for interaction with Gaik.
- In Aug 2006 Sheahan arrested Mucha for unlawfully requesting a criminal history check after learning of the background check.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was there probable cause to arrest Mucha? | Muchas’s conduct lacked probable cause for illegal background check. | Sheahan could reasonably believe Mucha had unlawfully requested the background check. | Probable cause existed; arrest upheld. |
| Does qualified immunity apply given probable cause? | Defendants violated clearly established rights | Probable cause bars §1983 claim regardless of qualified immunity | Court did not reach; probable cause defeats §1983 claim. |
| Should state-law claims be retained or dismissed? | Federal question predominates; state claims survive | No viable federal claim; state issues dismissed without prejudice | State-law claims dismissed without prejudice. |
Key Cases Cited
- Williams v. Rodriguez, 509 F.3d 392 (7th Cir. 2007) (probable cause standards for false arrest claims)
- Michigan v. DeFillippo, 443 U.S. 31 (U.S. 1979) (probable cause definition and consideration of subjective motivation)
- Purvis v. Oest, 614 F.3d 713 (7th Cir. 2010) (probable cause requires a substantial chance of criminal activity)
- Mannoia v. Farrow, 476 F.3d 453 (7th Cir. 2007) (probable cause assessment in arrest context)
- Devenpeck v. Alford, 543 U.S. 146 (U.S. 2004) (police motives are not relevant to probable cause)
- Steinhauer v. DeGolier, 359 F.3d 481 (7th Cir. 2004) (conclusory testimony cannot create genuine factual dispute for summary judgment)
- Outlaw v. Newkirk, 259 F.3d 833 (7th Cir. 2001) (summary judgment standard for genuine disputes)
- Anderson v. Liberty Lobby, Inc., 477 U.S. 242 (U.S. 1986) (genuine issue of material fact for trial; summary judgment standard)
- Whitlock v. Brown, 596 F.3d 406 (7th Cir. 2010) (probable cause as an absolute defense to §1983 wrongful arrest)
- Mustafa v. City of Chicago, 442 F.3d 544 (7th Cir. 2006) (probable cause defense in false arrest claims)