X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.
Submitted: April 16, 2009

Before RILEY, BENTON, and SHEPHERD, Circuit Judges.

Diane Cook (Diane) and Michael Cook (Michael) (collectively, Cooks), filed suit against Chief of Police Edward Locke Jr. (Chief Locke) and the City of Bella Villa (City) (collectively, Appellees) for alleged federal civil rights violations. The Cooks included supplemental state law claims against Chief Locke for malicious prosecution and indecent assault and battery, and against the City on a theory of respondeat superior. The Cooks voluntarily dismissed their state law respondeat superior claims against the City. Appellees filed a motion for summary judgment on the Cooks’ remaining claims. The district court*fn1 granted summary judgment in part, leaving only three claims for the jury to consider. The Cooks did not pursue the one remaining state law claim, indecent assault and battery. During the jury trial, at the close of all the evidence, the district court granted judgment as a matter of law on the Cooks’ municipal liability claim. The jury then found for Chief Locke on the remaining claim that Chief Locke, in violation of the Fourth Amendment, improperly touched Diane. The Cooks now assert seven errors. We affirm.

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

More From ALM

Premium Subscription

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now

Team Accounts

Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now

Bundle Subscriptions

Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now

The Asia Legal Awards (ASLA) 2022

June 29, 2022
Hong Kong

Where the region's top lawyers, law firms and in-house teams will gather to celebrate their most stellar achievements of the year.


Learn More

Pennsylvania Legal Awards 2022 (PALA)

June 29, 2022
PA

The Legal Intelligencer honors lawyers leaving a mark on the legal community in Pennsylvania with their dedication to law.


Learn More

Elite Trial Lawyers 2022 (ETL)

July 14, 2022
New York, NY

The National Law Journal Elite Trial Lawyers recognizes U.S.-based law firms performing exemplary work on behalf of plaintiffs.


Learn More

Commercial Finance Associate (Flexible location)


Duane Morris LLP seeks two commercial finance associates to join its strong and growing 190+ lawyer Corporate Practice Group. The ideal cand...


Apply Now ›

Commercial Litigation Associate


Duane Morris LLP has an opening in its San Francisco office for a commercial litigation associate to join its team. The ideal candidate wil...


Apply Now ›

Associate Attorney


Long Island Law Firm with offices in Hauppauge and Garden City seeking associate with 2-5 years experience concentrating in the areas of ma...


Apply Now ›

MCCORMICK & PRIORE, P.C.

06/23/2022
TLI Web

IN MEMORIUM: With a profound sense of sadness, McCormick & Priore announces that Harry A Short, Jr., a preeminent products liability defense lawyer in Philadelphia with a career that spanned over sixty-five (65) years, passed away on June 14, 2022.


View Announcement ›

STARR GERN DAVISON & RUBIN

06/20/2022
NJLJ Web

Starr Gern Davison & Rubin, PC. Attorneys at Law are pleased to announce that SHELLEY L. STANGLER, ESQ. has joined the firm as of Counsel.


View Announcement ›