Tina Ewell v. Eric Toney
2017 U.S. App. LEXIS 6134
| 7th Cir. | 2017Background
- On Nov. 1, 2013 Timothy Nance was killed; his sister Eve Nance later reported him missing. Tina Ewell (Ewell) is Nance’s close friend and helped dispose of the body according to the investigation.
- Detectives Ledger and Bobo learned witnesses said the shower curtain/liner had been replaced after Timothy’s disappearance and surveillance showed Ewell and Nance buying liners/hooks the night he went missing.
- Police executed a search warrant at the Nance home; later that day they arrested Ewell after she declined to accompany them for questioning. She invoked Miranda and requested counsel; she was detained 12 days and later received credit for those 12 days at sentencing.
- On Nov. 22, 2013 a judge signed a probable-cause determination based solely on Detective Ledger’s statement and denied bond; a subsequent habeas petition found the judge’s delay beyond 48 hours justified by extraordinary circumstances and reaffirmed probable cause.
- Ewell filed a § 1983 suit alleging false arrest, unlawful detention (including McLaughlin/Riverside delay), and conspiracy. The district court dismissed; on appeal the Seventh Circuit affirmed, rejecting Younger abstention and concluding Ewell lacked recoverable damages for detention credited to her sentence and that detectives were entitled to qualified immunity on the false-arrest claim.
Issues
| Issue | Ewell’s Argument | Defendants’ Argument | Held |
|---|---|---|---|
| Younger abstention | Federal suit should proceed; district court should not stay (she sought damages) | State criminal proceedings implicate comity; abstention appropriate if state case ongoing and federal case embryonic | Denied abstention—federal case had progressed beyond "embryonic" stage; appellate court exercised jurisdiction |
| Standing / Damages for detention credited to sentence | She seeks damages for unlawful detention and delay | Time in custody was credited to her state sentence, so she cannot recover damages for that period; no redressable injury | No standing to seek damages for the 12 days credited to her sentence; those claims dismissed |
| McLaughlin (48-hour delay) claim | Delay in prompt judicial probable-cause determination violated her rights | Judge found extraordinary circumstances; detectives not responsible for delay; even if delay presumptively unreasonable, outcome (probable cause) would be same | Claim fails—judge found probable cause and detectives not shown responsible for delay; no recoverable injury |
| False arrest / qualified immunity | Arrest lacked probable cause; detectives liable under § 1983 | Probable cause existed based on facts known (surveillance, witness reports, search results); qualified immunity shields officers | Affirmed qualified immunity for detectives on false-arrest claim because a reasonable officer could have believed probable cause existed |
Key Cases Cited
- Younger v. Harris, 401 U.S. 37 (1971) (abstention doctrine based on equity, comity, and federalism)
- County of Riverside v. McLaughlin, 500 U.S. 44 (1991) (presumptive 48-hour window for prompt probable-cause determinations)
- Manuel v. City of Joliet, 137 S. Ct. 911 (2017) (Fourth Amendment governs some unlawful pretrial detention claims after legal process begins)
- Heck v. Humphrey, 512 U.S. 477 (1994) (§ 1983 damage claims that would invalidate conviction barred until favorable collateral relief)
- Bridewell v. Eberle, 730 F.3d 672 (7th Cir. 2013) (no damages for detention later credited to sentence; delay beyond 48 hours not redressable when judicial finding of probable cause would not change release outcome)
- Lujan v. Defenders of Wildlife, 504 U.S. 555 (1992) (Article III standing requires a redressable injury)
- Saucier v. Katz, 533 U.S. 194 (2001) (qualified immunity two-step analysis)