Swanigan v. City of Chicago

While on the lookout for a serial bank robber, Chicago police officers misidentified Swanigan as the perpetrator, arrested him, and detained him for approximately 51 hours without a probable-cause hearing. He was released when the prosecutor decided not to press charges. Police later found the actual culprit. Swanigan sued the officers under 42 U.S.C. 1983, and sued the city, raising Monell claims. The judge stayed the Monell suit to allow the suit against the officers to proceed separately. A jury found for Swanigan on a single claim—for unconstitutionally prolonging his detention—and awarded $60,000. The judge dismissed the suit against the city entirely. The Seventh Circuit vacated the dismissal as premature. Swanigan filed an amended complaint alleging constitutional injuries stemming from: a departmental “hold” policy by which the officers kept him in custody; a policy of requiring detainees to participate in lineups; and a policy regarding the contents of the closed case file that continued to label him as the bank robber. The Seventh Circuit affirmed the dismissal of the suit. Swanigan cannot recover twice for the prolonged detention. His other claims have no basis in federal law. The Constitution does not address unreliable police lineups that do not taint a trial nor reputational harm from misleading police reports. Swanigan lacks standing to pursue injunctive or declaratory relief because the challenged policies are unlikely to harm him in the future. View "Swanigan v. City of Chicago" on Justia Law