Seventh Circuit Affirms Granting Of Summary Judgment And Striking Of Expert Report

In Mannoia v. Farrow, an arrestee sued a police detective under Section 1983 and state tort law alleging the detective violated his Fourth Amendment rights by intentionally misrepresenting facts to the judge who issued an arrest warrant. District Court Judge Samuel Der-Yeghiayan granted the defendant's motion for summary judgment and, in doing so, struck the report of plaintiff's police procedures expert for failing to comply with Rule 26(a)(2). On appeal, the Seventh Circuit affirmed, holding that the plaintiff had not shown that the detective acted deliberately or with reckless disregard for the truth or made misrepresentations to the issuing judge that were necessary to the probable cause determination. The court further held that "[b]ecause plaintiff cannot establish that [the detective] violated his Fourth Amendment rights, we conclude [the detective] is protected from suit by the defense of qualified immunity. The court further found it was proper to strike the expert report for failure to comply with Rule 26(a)(2). This opinion is available on Westlaw at 2007 WL 397497.