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Wayne Jackson v. Joe Dortha Parker

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ARGUED SEPTEMBER 13, 2010-

Before EASTERBROOK, Chief Judge, and POSNER and TINDER, Circuit Judges.

Plaintiff-Appellant Wayne Jackson brought a Fourth Amendment claim against Defendant-Appellee Joe Dortha Parker for false arrest pursuant to 42 U.S.C. § 1983. He claimed that Parker, a Chicago police officer, did not have probable cause to arrest him for driving under the influence and various other minor traffic violations. Jackson presented evidence that Parker framed him for DUI by falsifying the results of his field sobriety tests as part of an ongoing scheme of making phony DUI arrests to obtain increased overtime pay. The district court granted summary judgment in favor of Parker, based in part on its finding that there was probable cause to arrest Jackson for driving a prohibited vehicle on Lake Shore Drive in violation of a city ordinance. The court correctly determined that a finding of probable cause bars Jackson’s false arrest claim even if Parker did not have probable cause to arrest Jackson for a DUI and even though Jackson was not ultimately charged with driving a prohibited vehicle. Recognizing the weakness of his false arrest claim, Jackson re-structures his argument on appeal to assert that he was unreasonably detained in violation of the Fourth Amendment because of the alleged DUI frame-up. Jackson forfeited this argument by not raising it below and accordingly, we affirm the district court’s grant of summary judgment in favor of Parker.

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