Heyl Royster

 

News

Appellate Court Win for Ogle County

10/19/2018

The United States Court of Appeals for the Seventh Circuit recently ruled in favor of firm client the Ogle County State’s Attorney Office in a case alleging malicious prosecution and constitutional violations. The case was brought by a pilot, who was found by police officers sleeping in an airport pilot's lounge at a small airport. The officers shook him awake and arrested him after he refused their repeated requests that he identify himself. Plaintiff sued the officers and jail personnel for violation of his Fourth Amendment rights claiming he was arrested without probable cause. He also sued the prosecutor for malicious prosecution. The District Court for the Northern District of Illinois granted defendants’ motions to dismiss, finding that the officers had probable cause for arrest. The U.S. Court of Appeals affirmed, finding probable cause for arrest and holding that the prosecutor was entitled to prosecutorial immunity. Jana Brady represented the Ogle County Assistant State’s Attorney and the county jail personnel in the District Court, and Craig Unrath represented the State’s Attorney Office at the appellate level. The case is Ericson v. Frankenberry, 2018 U.S. App. LEXIS 28555.