IFMK Law Partner, Julie Koerner and Attorney of Counsel, Paul Pasche, successfully obtained summary judgment in a federal lawsuit alleging that a police officer wrongfully charged the plaintiff with driving on a revoked driver’s license. Plaintiff was arrested in Illinois in May 2018. He presented a facially valid Indiana driver’s license that had been issued in March 2016, and the vehicle he was driving was impounded.
The arresting officer had previously encountered the Plaintiff and was aware that his Illinois driving privileges were revoked. The officer also knew that Plaintiff’s Illinois license had been revoked and suspended several previous times due to multiple DUI incidents. However, by the time of trial in the criminal case, the officer had died. The prosecuting attorney dropped the charges, citing “miscommunication” regarding the Indiana driver’s license. In a motion for summary judgment IFMK attorneys presented the officer’s testimony at preliminary hearings in the criminal case, and other evidence they had secured. Pasche argued that the arresting officer had probable cause to arrest the plaintiff and seize the vehicle he was operating, because under Illinois law the plaintiff’s license was revoked and he was therefore not allowed to drive in Illinois, even with an out-of-state license. The court agreed and found there were no issues of material fact, given that the officer knew about the plaintiff’s license status prior to the arrest. Further, the existence of probable cause negated each of the plaintiff’s claims, and therefore the defendants were entitled to judgment as a matter of law.