Butler v. Goldblatt Bros., Inc.

589 F.2d 323 (7th Cir. 1978) · United States Court of Appeals for the Seventh Circuit · December 29, 1978

Summary

The Seventh Circuit considered § 1983 and Illinois false-arrest claims arising from warrantless arrests of Goldblatt employees and a friend based on information supplied by a private security employee. The court held that the police lacked probable cause and could not invoke a good-faith defense, but that the private defendants were not liable merely for furnishing information to the police. The court affirmed in part, reversed in part, and remanded for redetermination of attorneys’ fees.

Court
United States Court of Appeals for the Seventh Circuit
Writing for the Court
Bauer
Jurisdiction
Federal
Decision date
December 29, 1978
Procedural posture
Plaintiffs appealed from judgments entered after a directed verdict, judgment notwithstanding the verdict, and jury verdicts in an action alleging unconstitutional arrests under 42 U.S.C. § 1983 and false arrest and imprisonment under Illinois law. Defendants appealed the adverse rulings and damages-related determinations.
Standard of review
The court reviewed the directed verdict and judgment notwithstanding the verdict rulings under the sufficiency-of-the-evidence standard and reviewed the legal sufficiency of the evidence supporting the jury verdicts.
Precedential value
Published precedential opinion of the United States Court of Appeals for the Seventh Circuit.
Parties
John McDonald, John Juriss, John Kowalski, Frank Krause, Goldblatt Bros., Inc., Wayne Young, Thomas Marsh, Andre Walker, Dennis McFarland v. Lawrence Butler, Cecil Davis, Ron Jackson, Charles James, Monroe Jenkins, James Nash, Nathan Nash, Earnest Lewis
Disposition
reversed_and_remanded

Topics

section 1983false arrestcivil rightsappellate procedurestandard of review

Practice areas

civil rightsconstitutional tortsfalse arrestappellate procedure

Questions Presented

  1. Whether the warrantless arrests of the six Goldblatt employees were supported by probable cause under the Fourth Amendment and Illinois law.
  2. Whether the police officers were entitled to a good-faith defense under 42 U.S.C. § 1983.
  3. Whether Goldblatt's could be liable under Illinois law for false arrest and imprisonment merely because it supplied information to police.
  4. Whether Goldblatt's acted under color of state law or jointly with state officials for purposes of § 1983 liability based solely on furnishing information that led to Lewis's arrest.
  5. Whether the attorneys' fee award had to be redetermined after reversal of the verdicts against Goldblatt's.

Holdings

  1. The arrests were not supported by probable cause because the officers had no reasonable basis to regard the unidentified informant as reliable, failed to independently corroborate his allegations, and lacked firsthand knowledge supporting the arrests.
  2. The police officers were not entitled to a good-faith defense because they lacked a reasonable belief that the warrantless arrests were supported by probable cause and therefore constitutional.
  3. Goldblatt's was not liable for false arrest and imprisonment merely because it furnished information to police, where it did not detain the plaintiffs, sign complaints, or direct or procure the arrests.
  4. Goldblatt's did not act under color of state law or engage in joint activity with state officials merely by supplying information to police who independently decided to arrest Lewis.
  5. The case had to be remanded for redetermination of attorneys' fees consistent with the reversal of the verdicts against Goldblatt's.

Key quotations

Accordingly, we have no difficulty in concluding that a reasonable man could not find that the arrests were based on probable cause. (326)
We decline to hold that the mere act of furnishing information to law enforcement officers constitutes “joint [activity] with state officials in the prohibited action” (327)

Factual background

Goldblatt security personnel reported to Chicago police an alleged plot by Goldblatt employees to murder security officer Andre Walker. After Walker testified in court against a former employee, he told police that Earnest Lewis had threatened him, although no officer witnessed the alleged confrontation. Commander McDonald ordered the arrests of Lewis and the six employees without warrants; they were detained for three to fifteen hours and released when McDonald concluded the evidence was insufficient to charge them. Goldblatt's had supplied information to police but did not detain the plaintiffs, sign complaints, or direct the officers to arrest them.

Procedural history

The six Goldblatt employees and Earnest Lewis sued Chicago police officers and Goldblatt Bros. and its security personnel for arrests arising from alleged threats against a Goldblatt security officer. The district court directed a verdict against Officers McDonald and Juriss, granted Butler and Jenkins judgment notwithstanding the verdict against Officers Krause and Kowalski, and entered jury verdicts against Goldblatt's on certain state and federal claims. The Seventh Circuit affirmed the judgments against the police officers concerning the six employees, reversed the verdicts against Goldblatt's, and remanded for redetermination of attorneys' fees.

Remand instructions

Remand for redetermination of attorneys' fees consistent with the court's reversal of the judgments against Goldblatt's. The judgments against the police officers concerning the six employees were affirmed, while the verdicts against Goldblatt's on the state-law and § 1983 claims were set aside.

Court Document

Open PDF
Loading document…

More from Seventh Circuit