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Wednesday, January 05, 2005

Indiana Decisions - 7th Circuit posts one today

Board, Herbert L. v. Farnham, Karl (CD Ill.)

Before COFFEY, RIPPLE, and KANNE, Circuit Judges.
COFFEY, Circuit Judge. Brothers Herbert and Jerome
Board (collectively the “Boards”), along with three other
plaintiffs, filed a sixteen-count complaint against fourteen
defendants in their individual and official capacities alleging
various constitutional injuries pursuant to 42 U.S.C.
§ 1983, as well as state law violations dealing with the Board
brothers’ arrest, incarceration, and subsequent acquittal on
murder charges in Edgar County, Illinois. As a result of a
voluntary dismissal and the district court’s unchallenged
grant of summary judgment in favor of the defendants on a
number of their claims, only three of the Boards’ constitutional
claims survive. On interlocutory appeal, defendantsappellants
claim the district court erred by not granting
them summary judgment on the remaining claims because
they are entitled to qualified immunity. Affirmed.

Posted by Marcia Oddi on January 5, 2005 01:35 PM
Posted to Ind. (7th Cir.) Decisions