Legal Question in Civil Rights Law in Illinois

False arrest, Unlawful imprisonment, and Malicious Prosecution

I was arrested for passing counterfeit currency. I didn't know it was a counterfeit bill, and I don't believe it was a counterfeit bill. If anyone would know if a bill were counterfeit, it would be the Secret Service. I know that the police invited the Secret Service to investigate, because while I was in the interrogation room, one of the officers said he was waiting for a return call from the Secret Service. I also know that the Secret Service declined, because they didn't investigate me, and because I wasn't faced with federal charges.

I would have thought that that would be the end of the matter, but it wasn't. Instead, I was charged with forgery in a complaint alleging intent to defraud, even though there was no evidence to support the charge. Predictably, the case was thrown out at the preliminary hearing.

I consulted the ILCS looking for statutes related to currency/money. There is not a single one pertaining to legal tender. Was this forgery charge, which they never intended to vigorously prosecute, a bogus one? Was bringing this charge for this offense defying federal jurisdiction? Does any of this qualify as police misconduct? This was my first arrest.


Asked on 7/19/02, 5:10 pm

2 Answers from Attorneys
Charles Aspinwall Charles S. Aspinwall, J.D., LLC

Re: False arrest, Unlawful imprisonment, and Malicious Prosecution

Obtain a no-cost evaluation from a civil rights attorney near you. Your local Bar Association can recommend some. Send copies of all your documents at least 10 days prior to the intial consulation for him/her to review - that way they don't have to read the papers while trying to listen to your story at the same time.

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Answered on 7/22/02, 10:28 am
Kenneth J. Ashman Ashman Law Offices, LLC

Re: False arrest, Unlawful imprisonment, and Malicious Prosecution

Although I practice in the civil rights area, the answer to your question would require a full understanding of the facts of your case, including a review of all documentation, and the conduct of legal research, as your situation is not altogether common.

Generally speaking, however, police offices and prosecutors are entitled to qualified immunity. �Under the doctrine of qualified immunity, state officials �are shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.�� Saptya v. Ginex, 2001 WL 1636893 (N.D.Ill. Dec. 20, 2001) (citations omitted). In evaluating a qualified immunity claim, courts undertake a two-step analysis: (i) whether Plaintiff�s claim states a violation of Plaintiff�s rights, and (ii) whether those rights were clearly established at the time the alleged violation occurred. Id. at *2.

Here, there are significant questions about (i) whether your rights were violated at all and (ii) even if they were, whether such rights were "clearly established" at the time of your incident.

In other words, cops & prosecutors are entitled in good faith to perform their functions of fighting crime. Thus, unless you can establish some sort of deviation from this standard -- which, perhaps you can (I don't know) -- you will not have a valid claim.

-- Kenneth J. Ashman; [email protected]; www.lawyers.com/alo

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Answered on 7/28/02, 12:26 pm


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