Related Practices: Municipal
July 22, 2008
Paul Rettberg and Jason Callicoat recently obtained the dismissal of a federal civil rights lawsuit with pendant state law claims against two police officers and the municipality that employed them.
Plaintiffs, a minor and his parents, filed the lawsuit following an investigation into sexual abuse claims made against the minor Plaintiff by two younger children that he babysat. The Department of Children and Family Services (DCFS) investigated after police reported the sexual abuse claims, and DCFS found the claims were supported by credible evidence. The police arrested the minor plaintiff, but the parents' subsequent administrative appeal resulted in a finding that DCFS had not met its burden in proving the sexual abuse claims. The minor plaintiff and his parents then sued those who participated in the investigation.
Querrey & Harrow successfully argued the police officers followed all applicable statutes governing the reporting of sexual abuse claims, that they had probable cause to arrest the minor plaintiff, did not conspire with other defendants to violate the plaintiffs' Constitutional rights, and did not intentionally inflict emotional distress upon the plaintiffs. The court dismissed with prejudice all counts against the police officers and the municipality that employed them.