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Phelan v. Village of Lyons

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ARGUED JANUARY 7, 2008

Before POSNER, ROVNER, and WOOD,Circuit Judges.

As she was driving through the Village of Lyons en route to the North Riverside Mall, Laura Phelan was pulled over and arrested. Officer Damien Dyas executed the traffic stop based on his belief that Phelan*fn1 was driving a stolen vehicle. His belief turned out to be mistaken, and Phelan was released shortly thereafter. She sued the Village of Lyons and Officer Dyas under 42 U.S.C. § 1983, alleging violations of her rights under the Fourth Amendment. On the parties’ cross-motions for summary judgment, the district court granted Officer Dyas’s motion for summary judgment on qualified immunity grounds. Phelan appeals, and for the reasons explained in this opinion, we reverse the grant of summary judgment to Officer Dyas and remand for further proceedings.

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