Legal Opinion

Claudine L. Boyce, Also Known as Marilyn Boyce v. Vera Fernandes and City of Peoria, Illinois

Court of Appeals for the Seventh Circuit

Decided February 26, 1996No. 95-2610PublishedCited by 38 opinions

1Opinion of the Court

POSNER, Chief Judge.

Claudine Boyce appeals from the dismissal, on summary judgment, of a damages suit for false arrest that she brought against Vera Fernandes, a Peoria police officer, and the City of Peoria. The suit against Fernandes is based exclusively on 42 U.S.C. § 1983 and was dismissed on the ground of public officers’ immunity. A supplemental state law claim naming both Fernandes and the City as defendants was also dismissed.

Where the only issue bearing on immunity is whether the defendant had probable cause to make the search or arrest that is challenged, merits and immunity merge;…

2Cases cited24 opinions

  1. Harlow v. FitzgeraldSupreme Court of the United States · 1982
  2. Malley v. BriggsSupreme Court of the United States · 1986
  3. Hunter v. BryantSupreme Court of the United States · 1991
  4. George Jones, Cross-Appellant v. City of Chicago, Cross-AppelleesCourt of Appeals for the Seventh Circuit · 1988
  5. Richard E. Maxwell v. The City of Indianapolis, Sergeant Harry Gurnell, Officer Dennis Rahn, and Officer George DiehlCourt of Appeals for the Seventh Circuit · 1993

19 more not listed; retrieve them via the Exa API.

3Cited by38 opinions

  1. Stephenson v. DoeCourt of Appeals for the Second Circuit · 2003
  2. Ada Van Harken v. City of ChicagoCourt of Appeals for the Seventh Circuit · 1997
  3. Ricky W. Beauchamp and Beth E. Beauchamp v. City of Noblesville, Indiana, Cynthia Dukette, Joe Cook, Hamilton County SheriffCourt of Appeals for the Seventh Circuit · 2003
  4. Xing Qian v. James R. Kautz, as the Chief of Police of the Long Beach Police DepartmentCourt of Appeals for the Seventh Circuit · 1999
  5. Bankers Life and Casualty Company v. United StatesCourt of Appeals for the Seventh Circuit · 1998

33 more not listed; retrieve them via the Exa API.

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