Harney v. Devarela

Harney and Muldoon occupy one unit of a three-unit Chicago building; DeVarela occupies another. In 2004, DeVarela contacted police to complain about damage to her vehicle. Midona’s police report noted an “unknown offender.” Months later, DeVarela’s dog bit Harney. Harney reported the incident. Days later, DeVarela telephoned Midona, claiming that Harney and Muldoon chased her up the stairs and pushed her. Months later DeVarela again called Midona and showed officers a videotape that may have shown Harney and Muldoon damaging the car. The next day Midona went to the building with detectives, and, outside the unit, told Harney that he was under arrest. While outside of his unit, Harney told the officers that he would get Muldoon. The officers followed Harney into the unit. Harney did not invite them in, but did not instruct them to remain outside. While Harney was speaking with Muldoon, the officers instructed them that they needed to come out of the bedroom. Harney did not know that they were in the unit until then. Harney and Muldoon were found not guilty of damaging the vehicle and sued (42 U.S.C. 1983) Midona and the city. The district court granted the defendants summary judgment. The Seventh Circuit affirmed. View "Harney v. Devarela" on Justia Law