Legal Opinion
Thomas Mahoney v. Russell Kesery
Court of Appeals for the Seventh Circuit
Decided September 30, 1992No. 91-2929PublishedCited by 108 opinions
1Opinion of the Court
POSNER, Circuit Judge.
A jury awarded a Marquette undergraduate $20,000 in his suit under 42 U.S.C. § 1983 against a Milwaukee police officer for false arrest and malicious prosecution. 770 F.Supp. 472 (E.D.Wis.1991). On appeal, officer Kesery argues that he is entitled to immunity from liability for false arrest and that malicious prosecution is not a constitutional tort.
Mahoney and his roommates were having a beer party one night in the house where they lived. Two crashers stole a keg. Ma-honey and others gave chase. The thieves dropped the keg; Mahoney and another retrieved it. At about the…
2Cases cited41 opinions
- Mitchell v. ForsythSupreme Court of the United States · 1985
- Malley v. BriggsSupreme Court of the United States · 1986
- Parratt v. TaylorSupreme Court of the United States · 1981
- Paul v. DavisSupreme Court of the United States · 1976
- Hunter v. BryantSupreme Court of the United States · 1991
36 more not listed; retrieve them via the Exa API.
3Cited by108 opinions
- Cindy Abbott v. Sangamon CountyCourt of Appeals for the Seventh Circuit · 2013
- Carmichael v. Village of Palatine, Ill.Court of Appeals for the Seventh Circuit · 2010
- Bielanski v. County of KaneCourt of Appeals for the Seventh Circuit · 2008
- Taylor v. MeachamCourt of Appeals for the Tenth Circuit · 1996
- Peggy Kelley v. Mark Myler, Gene Patrick, Ralph Bell and Hurricane Foods, Inc.Court of Appeals for the Seventh Circuit · 1998
103 more not listed; retrieve them via the Exa API.