Sow v. Fortville Police Department
2011 U.S. App. LEXIS 2804
| 7th Cir. | 2011Background
- Sow, a Senegalese-born U.S. citizen, was arrested for forgery after attempting to cash a $1,000 money order at Fortville, Indiana; the money order appeared counterfeit based on watermark and serial numbers, though a $500 receipt later surfaced.
- Fortville Post Office employees and others relayed information to officers suggesting the money order was fake; officers relied on third-party statements to form probable cause.
- Sow was detained for about 48 hours, interviewed, and then the criminal charge was dismissed after his receipt was found and he obtained counsel.
- The district court granted summary judgment to the Fortville Police Department, Officer Fuller, and the McCordsville Police Department, and dismissed the U.S. government and certain postal employees; Sow appealed.
- The Seventh Circuit affirmed, holding the implicated local entities were not proper parties and that, on the record, probable cause supported arrest, no equal protection violation was shown, no excessive force was shown, and Monell liability failed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether hearsay evidence can support probable cause for arrest | Sow argues hearsay should be excluded | Fuller's probable cause relied on third-party statements | Probable cause valid despite hearsay for on-scene decision |
| Whether the arrest violated the Fourth and Fourteenth Amendments | Arrest lacked probable cause and involved discrimination | Probable cause existed; no racial profiling shown | Arrest supported by probable cause; no constitutional violation established |
| Whether §1985/1986 conspiracy claims survive | Conspiracy evidence implied by officers' conduct | No evidence of agreement or injury; speculation insufficient | Conspiracy claims failed as unsupported by evidence |
| Whether state-law claims were properly addressed and Monell liability evaluated | Certain state-law claims viable; Monell liability possible | Police departments were not proper parties; Monell not established | Most state-law claims waived; Monell liability not shown; proper parties were identified |
Key Cases Cited
- BeVier v. Hucal, 806 F.2d 123 (7th Cir. 1986) (probable cause requires reasonable avenues of investigation when unclear whether a crime occurred)
- Monell v. Dep't of Soc. Servs., 436 U.S. 658 (1983) (municipal liability requires an official policy or custom causing deprivation)
- McMillian v. Monroe County, 520 U.S. 781 (1997) (state-law analysis governs local government liability for §1983 claims)
- Woods v. City of Chicago, 234 F.3d 979 (7th Cir. 2000) (probable cause inquiry focuses on information available to officer at arrest time)
- Beck v. Ohio, 379 U.S. 89 (1964) (probable cause standard applies to warrantless arrests)
- Tibbs v. City of Chicago, 469 F.3d 661 (7th Cir. 2006) (handcuffing and restraint claims analyzed under Fourth Amendment reasonableness)