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EBERLE v. BAUMFALK
October 6, 1981
FREDERICK L. EBERLE AND NORMA EBERLE, PLAINTIFFS,
v.
ALAN BAUMFALK, ET AL., DEFENDANTS.
The opinion of the court was delivered by: Shadur, District Judge.
MEMORANDUM OPINION AND ORDER
Frederick and Norma Eberle ("Eberles") sue their neighbors
Alan and Caren Baumfalk ("Baumfalks"), Baumfalks' attorney
Marianne Yacobellis ("Yacobellis") and DuPage County Sheriff's
Policemen Thomas Stukey ("Stukey") and James Henderson
("Henderson"). Eberles' Complaint alleges in separate Counts:
I Alan Baumfalk verbally assaulted and abused
Frederick Eberle with malice and intent to
inflict emotional harm.
II Baumfalks and Yacobellis lied to the police
to secure the false arrest of Frederick
Eberle.
III Baumfalks, Stukey and Henderson conspired to
arrest and detain Frederick Eberle falsely in
violation of 42 U.S.C. § 1983 ("Section 1983").
IV Stukey and Henderson falsely arrested
Frederick Eberle in violation of Section
1983.
V All defendants' actions have caused Norma
Eberle great mental and physical distress.
VI Frederick Eberle was injured in violation of
Section 1983 while being transported to jail
after his arrest.
VII All defendants conspired in violation of
Section 1983 to hide the identity and
testimony of Sherry Hobbs, a witness to the
events leading up to Frederick Eberle's
arrest.
Stukey and Henderson have moved for summary judgment on Counts
III, IV, V and VII. For the reasons stated in this memorandum
opinion and order their motion is granted. On its own motion
the Court also addresses the jurisdictional problem posed by
Count VI.
Count III asserts that Stukey and Henderson conspired with
Baumfalks and Yacobellis to arrest Frederick Eberle without
cause or justification. There is however no evidence to
support that claim.*fn1
For purposes of a Section 1983 action claiming false arrest
the controlling question was put in Brubaker v. King,
505 F.2d 534, 536 (7th Cir. 1974):
The test, thus, under ยง 1983 is not whether the
arrest was constitutional or unconstitutional or
whether it was made with or without probable cause
but whether the officer believed in good faith that
the arrest was made ...