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7th Circuit reverses Southern District judge

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The 7th Circuit Court of Appeals has reversed a decision by U.S. Judge Sarah Evans Barker in the Southern District of Indiana involving a former police officer’s claim that he was falsely arrested for murder following a shooting outside an Indianapolis bar.

The events leading up to this false arrest action took place during a 2007 New Year’s Eve celebration at Durty Nelly’s Pub & Eatery in Indianapolis, where Shannon McComas’s wife was a manger. McComas, an off-duty Indianapolis police officer, was present when a fight broke out about 3 a.m. It resulted in a shooting outside the bar near the front entrance. A security guard was shot and killed.

The Indianapolis detective being sued, Edward Brickley, responded to the police call, and the police investigation led to McComas being interviewed. His statements about what happened that night didn’t add up, and the police investigated and eventually determined he was involved in the fatal shooting and may have assisted another man who was a suspect. State prosecutors charged him with only false informing and assisting a criminal, but after police dropped the charges, McComas filed a false arrest action under 42 42 U.S.C. § 1983.

At the District level, Barker denied Brickley’s motion for summary judgment, finding that a genuine dispute existed as to whether Brickley’s actions were protected by the existence of probable cause and whether he was protected by qualified immunity.

Barker relied on the appellate rulings in Chelios v. Heavener Chelios, 520 F.3d 678 (7th Cir. 2008), and Clash v. Beatty, 77 F.3d 1045 (7th Cir. 1996), when she held that factual disputes prevented the application of qualified immunity at the summary judgment stage. But the 7th Circuit found this case is different, because the earlier decisions involved factually intensive questions about whether officers employed excessive force, and this one did not.

Looking at all the facts together, the appellate panel found that arguable probable cause existed for an arrest on the charges of assisting a criminal and false informing based on what Brickley knew at the time of the investigation.

The 7th Circuit remanded Shannon McComas v. Edward Brickley, No. 11-2138, to Barker for further proceedings.

 

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  1. As one of the many consumers affected by this breach, I found my bank data had been lifted and used to buy over $200 of various merchandise in New York. I did a pretty good job of tracing the purchases to stores around a college campus just from the info on my bank statement. Hm. Mr. Hill, I would like my $200 back! It doesn't belong to the state, in my opinion. Give it back to the consumers affected. I had to freeze my credit and take out data protection, order a new debit card and wait until it arrived. I deserve something for my trouble!

  2. Don't we have bigger issues to concern ourselves with?

  3. Anyone who takes the time to study disciplinary and bar admission cases in Indiana ... much of which is, as a matter of course and by intent, off the record, would have a very difficult time drawing lines that did not take into account things which are not supposed to matter, such as affiliations, associations, associates and the like. Justice Hoosier style is a far departure than what issues in most other parts of North America. (More like Central America, in fact.) See, e.g., http://www.theindianalawyer.com/indiana-attorney-illegally-practicing-in-florida-suspended-for-18-months/PARAMS/article/42200 When while the Indiana court system end the cruel practice of killing prophets of due process and those advocating for blind justice?

  4. Wouldn't this call for an investigation of Government corruption? Chief Justice Loretta Rush, wrote that the case warranted the high court’s review because the method the Indiana Court of Appeals used to reach its decision was “a significant departure from the law.” Specifically, David wrote that the appellate panel ruled after reweighing of the evidence, which is NOT permissible at the appellate level. **But yet, they look the other way while an innocent child was taken by a loving mother who did nothing wrong"

  5. Different rules for different folks....

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