Judge Leinenweber Grants Summary Judgment To Chicago Police Officers Kearns And Yzaguirre

Northern District of Illinois Judge Harry D. Leinenweber recently granted summary judgment to Chicago Police Officers Patrick Kearns and Michael Yzaguirre in a case brought by plaintiff Juan Rivera. Judge Lienenweber initially stated that "In a civil rights action, the plaintiff must prove that the defendant personally participated in or caused the unconstitutional actions." Judge Leinenweber then held that "In this case, the undisputed facts show that Defendant Officers Kearns and Yzaguirre could not have personally participated in or caused the alleged constitutional deprivations because they were not present at the 19th District Police Station, the Police Station where the Plaintiff claims the violations occurred on January 3, 2005."