MAHONEY v. KESERY

No. 91-2929.

976 F.2d 1054 (1992)

Thomas MAHONEY, Plaintiff-Appellee, v. Russell KESERY, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided September 30, 1992.


Attorney(s) appearing for the Case

Stephen R. Swofford, Bruce L. Carmen (argued), D. Kendall Griffith, Hinshaw & Culbertson, Patrick E. Mahoney, Chicago, Ill., for plaintiff-appellee.

Grant F. Langley, Scott G. Thomas (argued), Office of City Atty., Milwaukee, Wis., for defendant-appellant.

Before CUMMINGS and POSNER, Circuit Judges, and WILL, Senior District Judge.


POSNER, Circuit Judge.

A jury awarded a Marquette undergraduate $20,000 in his suit under 42 U.S.C. § 1983 against a Milwaukee police officer for false arrest and malicious prosecution. 770 F.Supp. 472 (E.D.Wis.1991). On appeal, officer Kesery argues that he is entitled to immunity from liability for false arrest and that malicious prosecution is not a constitutional tort.

Mahoney and his roommates were having a beer...

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