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Ray v. City of Chicago, 09-3719

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By FindLaw Staff on January 05, 2011 3:10 PM

Civil rights action against City of Chicago and a police officer

Ray v. City of Chicago, 09-3719, concerned a challenge to the district court's dismissal of the complaint, in plaintiff's suit against the City of Chicago and a police officer, claiming that the officer's action during a traffic stop, violated the Constitution's prohibition on unreasonable seizures and deprived her of her rights to due process and equal protection under the law.

In affirming, the court held that the district court did not err in dismissing plaintiff's arrest-related claim as, where a police officer has probable cause to believe that an individual has committed even a very minor criminal offense in his presence, he may, without violating the Fourth Amendment, arrest the offender.  The court also held that the district court's dismissal of plaintiff's post-arrest detention claim was also proper as plaintiff has failed to state a claim for which relief can be granted, and that the district court was correct in finding plaintiff's malicious prosecution claim to be irreparably flawed.  Lastly, the court held that the plaintiff's complaint does not contain allegations of fact sufficient to support her claims that the Department of Administrative Hearing's findings were arbitrary or that the ordinance pertaining to towing of a vehicle is unconstitutional.

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