Thompson, Beverly v. Wagner, David E.

Seventh Circuit

Thompson, Beverly v. Wagner, David E.

Court of Appeals for the Seventh Circuit·Decided March 14, 2003·No. 02-1918·Published

Opinion

United States Court of Appeals For the Seventh Circuit Chicago, Illinois 60604

March 14, 2003

Before

Hon. JOHN L. COFFEY, Circuit Judge

Hon. TERENCE T. EVANS, Circuit Judge

Hon. ANN CLAIRE WILLIAMS, Circuit Judge

No. 02-1918

BEVERLY THOMPSON, Appeal from the United States Plaintiff-Appellant, District Court for the Northern District of Illinois, v. Eastern Division.

DAVID E. WAGNER and No. 01 C 4266 KEITH GARDNER, Defendants-Appellees. John W. Darrah, Judge.

ORDER

The appellant’s petition for rehearing is DENIED, but the final paragraph of the court’s February 13, 2003, opinion is amended to read:

So, what we have here is a situation where the officers seem to have decided on their course of action before they even entered the Kroger store. If Mrs. Thompson had a diamond, and refused to give it up, she would be arrested. Without probable cause or a valid charge of obstruction, their actions cannot be protected by qualified immunity. Accordingly, the grant of summary judgment to the defendants based on qualified immunity is REVERSED. In light of this determination, we also VACATE the district court’s order denying Mrs. Thompson’s motion for summary judgment. The case is REMANDED for further proceedings consistent with this opinion.

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United States Court of Appeals For the Seventh Circuit Chicago, Illinois 60604

March 14, 2003

Before

Hon. JOHN L. COFFEY, Circuit Judge

Hon. TERENCE T. EVANS, Circuit Judge

Hon. ANN CLAIRE WILLIAMS, Circuit Judge

No. 02-1918

BEVERLY THOMPSON, Appeal from the United States Plaintiff-Appellant, District Court for the Northern District of Illinois, v. Eastern Division.

DAVID E. WAGNER and No. 01 C 4266 KEITH GARDNER, Defendants-Appellees. John W. Darrah, Judge.

ORDER

The appellant’s petition for rehearing is DENIED, but the final paragraph of the court’s February 13, 2003, opinion is amended to read:

So, what we have here is a situation where the officers seem to have decided on their course of action before they even entered the Kroger store. If Mrs. Thompson had a diamond, and refused to give it up, she would be arrested. Without probable cause or a valid charge of obstruction, their actions cannot be protected by qualified immunity. Accordingly, the grant of summary judgment to the defendants based on qualified immunity is REVERSED. In light of this determination, we also VACATE the district court’s order denying Mrs. Thompson’s motion for summary judgment. The case is REMANDED for further proceedings consistent with this opinion.

Thompson, Beverly v. Wagner, David E., (7th Cir. 2003).

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