Neita v. City Of Chicago

830 F.3d 494 (7th Cir. 2016)

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Nature of the Case

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Facts

P owned and operated a dog-grooming business and rescue shelter called A Doggie Business. P brought two dogs to Chicago's Department of Animal Care and Control and interfaced with Travis. One of the dogs, Osa, had become overly aggressive and attacked and killed another dog in P's care. The other dog, Olive Oil, had become ill after whelping a litter of puppies. Travis called the police. Officers Raddatz and Uldrych responded to the call and, after speaking with Travis, arrested P. Officers Raddatz and Uldrych responded to the call and, after speaking with Travis, arrested P. P was charged with two counts of animal cruelty and thirteen counts of violating an animal owner's duties under Illinois law. An Illinois judge found him not guilty on all counts. P filed this action against Travis, Raddatz and Uldrych, and the City of Chicago (Ds). P alleged liability under §1983 for false arrest and illegal searches in violation of the Fourth Amendment and under Illinois law for malicious prosecution and intentional infliction of emotional distress. P twice amended his complaint, and Ds moved to dismiss each iteration for failure to state a claim under Fed. R. Civ. P. 12(b)(6). After the first dismissal, P amended the complaint and the judge dismissed with prejudice. D appealed.