Officer Prevails at Trial and on Appeal on Arrestee’s Claim of Malicious Prosecution and Equal Protection Violation

Tom Weiler and John Masters successfully defended a Westchester, IL police officer against claims of malicious prosecution and equal protection “class-of-one” in federal court. The case was tried to a jury before Judge Sara Ellis. The plaintiff had been charged with resisting arrest and battery to a police officer following the traffic stop of a friend. She was found guilty of resisting arrest but acquitted of battery in state court. The plaintiff then sued the officer in federal court alleging that the officer was wrong to charge her with battery and maliciously prosecuted her. After a short deliberation, the jury found in favor of the officer on both claims. The court awarded costs in favor of the officer against the plaintiff.

The plaintiff appealed the jury’s verdict and several rulings made by the court, to the U.S. Court of Appeals for the Seventh Circuit. The Seventh Circuit affirmed the jury’s verdict in a written decision in 2021.