WHITLEY v. SEIBEL

No. 79-1042.

613 F.2d 682 (1980)

N. W. WHITLEY, Plaintiff-Appellee, v. George SEIBEL, Individually and as a police officer of the Chicago Police Department, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided January 25, 1980.

As Amended February 1, 1980.


Attorney(s) appearing for the Case

Richard F. Friedman, Corp. Counsel, Chicago, Ill., for defendant-appellant.

Donald T. Bertucci, Chicago, Ill., for plaintiff-appellee.

Before PELL, BAUER and WOOD, Circuit Judges.


HARLINGTON WOOD, Jr., Circuit Judge.

Plaintiff brought this action under 42 U.S.C. §§ 1981, 1983, and 1985, alleging that his arrest by defendant George Seibel, an officer in the Chicago Police Department, was without probable cause and resulted in his confinement in deprivation of his constitutional rights. A jury found for plaintiff and awarded him $40,000 damages.

Questions are raised as to whether plaintiff is collaterally estopped from relitigating...

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