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TULLY v. BARADA

No. 09-3237.

599 F.3d 591 (2010)

Michael TULLY, Plaintiff-Appellant, v. Rush County Prosecutor Paul BARADA, et al., Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided March 17, 2010.

Attorney(s) appearing for the Case

Michael K. Sutherlin (argued), Sutherlin & Associates, Indianapolis, IN, for Plaintiff-Appellant.

Frances Barrow (argued), Greg Zoeller, Office of the Attorney General, Indianapolis, IN, Kirk A. Horn (argued), Mandel Pollack & Horn, Carmel, IN, for Defendants-Appellees.

Before BAUER and WOOD, Circuit Judges, and KENNELLY, District Judge.

BAUER, Circuit Judge.

Michael Tully sued Paul Barada and Catherine Custer under 42 U.S.C. § 1983, asserting that they violated his rights under the Fourth and Fourteenth Amendments by summoning him into court and initiating juvenile proceedings against him without probable cause. The district court dismissed Tully's case for failure to state a claim upon which relief can be granted. We affirm.

I. BACKGROUND

Wayne Elwell was in his home, located...

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