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Gonzalez v. City of Elgin

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ARGUED JANUARY 21, 2009

Before POSNER, FLAUM, and WOOD, Circuit Judges.

Jose Gonzalez, Maribel Gonzalez, Antonio Franco, Maria Gonzalez, Luis Franco, and Julio Gonzalez filed this action under 42 U.S.C. § 1983 against the City of Elgin and numerous Elgin police officers. The plaintiffs allege that the defendants violated their Fourth Amendment rights by unlawfully arresting and detaining them, using excessive force against them to effectuate the arrest, and failing to intervene to prevent the excessive use of force. The complaint also alleges three claims based on Illinois law: one for malicious prosecution, one against the City of Elgin based on state-law concepts of respondeat superior, and one for indemnification. The district court granted the defendants’ motion for summary judgment, and the plaintiffs appeal to this court.

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