Giddeon v. Flynn
Docket: No. 15-3464
Court: Court of Appeals for the Seventh Circuit; July 28, 2016; Federal Appellate Court
Patrick Giddeon filed a lawsuit against the City of Milwaukee and several police officers under 42 U.S.C. § 1983, alleging civil rights violations following an unlawful car stop and his subsequent arrest. The incident began when a woman reported that Giddeon had attacked her and threatened her with a gun. Although the police searched for Giddeon without success, they later stopped a car with Giddeon as a passenger after seeing a woman leave the victim's house. The police lacked probable cause for the stop, as the driver had committed no traffic violations, and none of the passengers were suspected in the domestic violence case. While the police could have lawfully approached the car for information, they prematurely seized it. Despite this, Giddeon's arrest was lawful due to probable cause; therefore, the unlawful stop did not invalidate the arrest. The district court ruled that while Giddeon was entitled to damages for the unreasonable seizure, the amount could be nominal, and a hearing would be necessary to determine the amount. Regarding the search of the car, the driver consented to it, which extended to the search of a bag containing a gun. Giddeon did not own the bag; it belonged to his sister, who acknowledged that the gun was Giddeon's. Giddeon also claimed discomfort from being held in the squad car, which was hot, but there was no evidence that the heat affected his admission regarding the gun. The court affirmed parts of the district court's judgment but reversed others, remanding for further proceedings to assess damages for the unlawful seizure.