Page 20 - FOP Magazine March 2019

Illinois’ highest court refuses to expand malicious prosecution standard
A recently issued Illinois Supreme Court deci- sion in Beaman v. Freesmeyer is good news for
law enforcement.
In essence, the plaintiffs attempted to change the standard and make it easier to
sue police officers for malicious prosecu-
tion. The case involved a malicious prose- cution claim brought by a plaintiff against a group of defendant officers who investigated the
plaintiff regarding the murder of his ex-girlfriend. The state prosecution tried the case against the plaintiff, the jury found him guilty of first-degree murder in the 1992 murder and the appellate court initially affirmed the conviction.
Then, in 2008, the Illinois Supreme Court pardoned him and overturned his conviction. The Illinois Supreme Court held that the state violated the plaintiff’s constitutional right to due process when it failed to disclose evidence regarding a potential third-party suspect during his underlying trial. The plaintiff also alleged that the defendant officers acted mali- ciously during the investigation. Thereafter, the state declined to reprosecute the plaintiff and released him from prison in June 2008. Governor Quinn subsequently pardoned him in 2015.
Not surprisingly, in April 2014, the plaintiff filed his civil ac- tion against the defendant police officers and the town of Normal, alleging that the police officers and the town of Normal were guilty of malicious prosecution, intentional infliction of emotional distress and civil conspiracy. The plaintiff also alleged claims of respon- deat superior and indemnification against the town of
Normal for recovery of damages.
The circuit court held that the plaintiff could not satisfy all
the elements required to establish malicious prosecution. The court further found that since the plaintiff’s remaining claims were dependent on a finding of malicious prosecution, the circuit court dismissed those additional claims as well. The appellate court affirmed the circuit court’s finding, and the plaintiff appealed to the Supreme Court.
As the Illinois Supreme Court held on Feb. 7, “[T]he issue in this case concerns the proper approach for determining when a police officer commences or continues a prosecution, e.g., when the defendant’s conduct is the legal cause of the com- mencement or continuation of the original proceedings.” For- tunately, the Supreme Court did not alter the standard, as the plaintiff had requested.
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Labor Report
20 CHICAGO LODGE 7 ■ MARCH 2019