N. W. Whitley v. George Seibel, Individually and as a Police Officer of the Chicago Police Department

HARLINGTON WOOD, Jr., Circuit Judge.

Plaintiff brought this action under 42 U.S.C. §§ 1981,1983, and 1985, alleging that his arrest by defendant George Seibel, an officer in the Chicago Police Department, was without probable cause and résulted in his confinement in deprivation of his constitutional rights. A jury found for plaintiff and awarded him $40,000 damages.

Questions are raised as to whether plaintiff is collaterally estopped from relitigating probable cause since probable cause had been found at a criminal preliminary hearing before a state judge; whether Seibel had a duty to pursue…