Judgment for city on wrongful arrest claim affirmed

July 22, 2015

An Indianapolis man who claimed he was the victim of wrongful arrest and malicious prosecution may not pursue his federal civil rights lawsuit against the city and the arresting officer, but he may go to state court to sue the neighbor who claimed the man broke into his house and assaulted him.

Charles S. Howlett was found not guilty of charges that he broke into Jeffrey Hack’s home while Hack slept, then grabbed him and threatened him. Hack had claimed Howlett fled his home after he punched Howlett.

The 7th Circuit Court of Appeals Tuesday largely affirmed summary judgment in favor of the defendants. “We affirm the district court’s resolution of all claims against (Indianapolis Metropolitan Police Department Officer Stephen) Beasley, the City, and Hack,” Chief Judge Diane Wood wrote for the panel. “We conclude, however, that the court should have relinquished supplemental jurisdiction over the state-law claims against Hack, and so we remand for that limited purpose.”

The case is Charles S. Howlett v. Jeffrey Hack, et al., 14-1351.


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