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Case Law Update: Summary Judgment in 1983 Actions

McBride v. Grice, No. 08-3556 (8/11/09) affirmed that the district court did not err in granting defendants’ (City and police officer) motion for summary judgment in section 1983 action alleging that police officer lacked probable cause to arrest plaintiff-store owner on battery charge based on employee’s complaint that plaintiff had hit her head with closed hand and forcibly removed her from store. Police officer had probable cause to arrest plaintiff based on employee’s complaint and store video showing plaintiff and employee involved in struggle. Officer was not required to look at second video at time of arrest or interview customers where plaintiff submitted no evidence suggesting that officer had reasons to doubt employee’s statements to him. This seventh circuit decision will have an effect on all Illinois cases.