Wade v. Collier

In 2004, Thurman, a drug dealer, attempted to bribe four Maywood police officers. They reported the attempt to the State’s Attorney. That Office also learned that an individual arrested by Maywood police had stated that Thurman had officers on his payroll. An undercover sting, “Operation Pocket Change,” began with the officers pretending to be dirty cops and accepting from Thurman weekly payments of $1,200. Monitoring Thurman’s cell phone (with a warrant), revealed numerous contacts between Thurman and Officer Wade, resulting in a wiretap. The team agreed to announce, at a roll call at which Wade was present, that officers should stay clear of an area in which Thurman’s dealers were known to sell. In intercepted telephone calls, Wade warned Thurman that “Granny’s house was hot.” Wade claims that he did not hear the announcement, but made up the tip in an attempt to turn Thurman into a confidential informant. A search of Wade’s home computer uncovered a fraudulent arrest warrant for Thurman. Thurman later stated that Wade helped him rob a supplier by pretending to arrest him and seizing the drugs, using the fake warrant. A jury acquitted Wade, who sued the village and the officers for equal protection violations and malicious prosecution. The district court granted the defendants summary judgment. The Seventh Circuit affirmed. Probable cause supported his prosecution. Wade cannot succeed by reframing the claim as a class-of-one equal protection claim. The court noted Wade’s failure to identify a similarly-situated individual who was treated more favorably. View "Wade v. Collier" on Justia Law