MARSHALL v. CITY OF CHICAGO

No. 13-2771.

762 F.3d 573 (2014)

Kenneth MARSHALL, Plaintiff-Appellant, v. CITY OF CHICAGO, et al., Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided August 11, 2014.


Attorney(s) appearing for the Case

Kenneth N. Flaxman , Attorney, Chicago, IL, for Plaintiff-Appellant.

Stephen G. Collins , Attorney, City of Chicago Law Department, Chicago, IL, for Defendants-Appellees.

Before WOOD, Chief Judge, and EASTERBROOK and KANNE, Circuit Judges.


KANNE, Circuit Judge.

On April 8, 2010, Chicago police officers executing a search warrant on a south side residence discovered a shotgun in one of the bedrooms. Earlier, plaintiff Kenneth Marshall, who was present in the residence, had suggested that the bedroom was his. Marshall is a convicted felon. Accordingly, the officers placed him under arrest and took him into custody on the theory that he constructively possessed a firearm while it was unlawful for him to...

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