In an action challenging the constitutionality of a Chicago municipal ordinance prohibiting the use of wireless telephones without a “hands-free” device while driving a motor vehicle, district court judgment is affirmed where: 1) the court properly dismissed plaintiff’s Fourth Amendment claims as the police had probable cause to stop them based on their violation of the hands free law; 2) the court properly dismissed plaintiff’s equal protection claims as the distinction between plaintiffs and those who were not ticketed was rational; 3) plaintiffs have not alleged any plausible constitutional violation that might become the basis for holding the City liable; and 4) the court did not abuse its discretion by not permitting plaintiffs to amend their complaint as the proposed amendments would be futile.
Read Schor v. City of Chicago, No. 08-2837
Appellate InformationAppeal from the United States District Court for the Northern District of Illinois, Eastern Division.Argued April 9, 2009Decided August 13, 2009
JudgesBefore MANION, ROVNER, and WOOD, Circuit Judges.Opinion by WOOD, Circuit Judge.
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