Sroga v. Weiglen
2011 U.S. App. LEXIS 17144
| 7th Cir. | 2011Background
- Sroga, pro se plaintiff, sues Chicago police officers under 42 U.S.C. § 1983 alleging three Fourth Amendment arrests.
- First arrest: disorderly conduct for attempting to prevent tow of his car; he jumped on the tow as it left.
- Second arrest: theft of lost or mislaid property after resisting a tow of multiple vehicles and a ticket book found in another vehicle.
- Third arrest: criminal trespass to state-supported land after walking through a police parking lot to reach a train station.
- The district court granted summary judgment for defendants; on appeal, the court construes facts in Sroga’s favor and analyzes probable cause for each arrest.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the first arrest violated the Fourth Amendment | Sroga argues arrest lacked probable cause | Officers had probable cause/legitimate basis to arrest for disorderly conduct | No Fourth Amendment violation; probable cause supported arrest |
| Whether the second arrest violated the Fourth Amendment | Sroga argues lack of reasonable basis for arrest for theft | Arrest supported by probable cause to suspect theft of the ticket book | No Fourth Amendment violation; probable cause to arrest for theft supported |
| Whether the third arrest violated the Fourth Amendment | Sroga argues no proper notice/intent to trespass; no probable cause | Probable cause existed to believe interference with state-supported land | No Fourth Amendment violation; probable cause supported due to interference with lawful use of land |
| Whether sign posting for trespass affected probable cause | Notice was insufficient to support trespass charge | Notice insufficient for conviction but not necessary for probable cause | Probable cause found for arrest despite notice issue |
Key Cases Cited
- Cantwell v. Connecticut, 310 U.S. 296 ((1940)) (breach of peace defined; conduct likely to produce violence or disturb order)
- United States v. Woodard, 376 F.2d 136 ((7th Cir.1967)) (breach of the peace includes consternation and indecorum; context matters)
- People v. Allen, 288 Ill.App.3d 502 ((1997)) ( Illinois breach of peace interpretation cited)
- People v. Stevens, 40 Ill.App.3d 303 ((1976)) (interpretation of breach of peace in Illinois context)