In plaintiff’s 42 U.S.C. section 1983 claim asserting a Fourth Amendment violations for malicious prosecution against the City of Chicago and detectives from the Chicago Police Department, district court’s dismissal of the action is affirmed as, the Seventh Circuit precedent does not permit an action for malicious prosecution under section 1983 if a state remedy exists, and plaintiff has explicitly limited his appeal to asking to overrule the precedent and there is no reason to overturn circuit precedent.   

Read Parish v. City of Chicago, NO. 09-1385

Appellate Information

Appeal from the United States District Court for the Northern District of Illinois, Eastern Division

Decided February 3, 2010

Judges

Before: Coffey,  Evans,  and Williams,  Circuit Judges

Opinion by Circuit Judge Coffey

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