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.