The opinion of the court was delivered by: NORDBERG
JOHN A. NORDBERG, District Judge
Plaintiff James Boyd brought this suit under 42 U.S.C. § 1983, alleging violation of his constitutional rights by Chicago police officers Kenneth Angarone and Amie Parisi. Mr. Boyd charges that defendants arrested him without a warrant, contrary to the dictates of the Fourth and Fourteenth Amendments; that they used excessive force in arresting him; and that they exceeded their authority under Illinois law by arresting him outside city limits.
Defendants are correct on every point. Warrantless public arrests do satisfy the Constitution if they are supported by probable cause, which, as illustrated below, the officers clearly had. Defendants' use of force must indeed have been "shocking to the conscience" for plaintiff to recover, which it plainly was not. And violations of state law do not give rise to liability under 42 U.S.C. § 1983.
For these reasons, Magistrate Elaine E. Bucklo, to whom the Court referred this case for a Report and Recommendation, advised that defendants' motion for summary judgment be granted. The Magistrate found no genuine issues of material fact to exist after drawing all reasonable inferences in the light most favorable to plaintiff. See Bartman v. Allis Chalmers, 799 F.2d 311, 312-313 (7th Cir. 1986). Neither party exercised its right under Federal Rule of Civil Procedure 72 to object to the Magistrate's Report and Recommendation.
The Court agrees with Magistrate Bucklo that summary judgment should be entered in favor of defendants. Because the Magistrate's Report contains an excellent analysis of this case, the court sees no reason to add more, and adopts the Report and Recommendation in full. The Report follows in an appendix to this opinion.
Defendants' motion for summary judgment is hereby granted.
REPORT AND RECOMMENDATION
James Boyd has filed a one-count complaint based on 42 U.S.C. § 1983 against Chicago police officers Kenneth Angarone and Amie Parisi, alleging that the defendants violated his constitutional rights by arresting him without probable cause, and by using excessive force during the arrest. Jurisdiction and venue are proper, and the case has been referred to me for a report and recommendation on the defendants' motion for summary judgment. I recommend that the defendants' motion be granted.
On September 14, 1987, Mr. Boyd was a Chicago Transit Authority ("CTA") bus driver who worked out of the CTA's North Park garage. Defendants' Rule 12(e) Statement para. 4. On that date, at approximately 9:15 a.m., Officers Parisi and Angarone were directed to Cuneo Hospital in Chicago to investigate the rape of a 12-year-old girl. Rule 12(e) Statement para. 6. At the hospital, the officers learned from Sergeant Dennis Ross and Officer Timothy Fallon that the rape victim had identified her attacker as "Jimmy Boyd," her mother's boyfriend. According to the victim's mother, Mr. Boyd was a CTA bus driver who worked out of the CTA's North Park garage. The victim's mother also gave the officers Jimmy Boyd's badge number. Rule 12(e) Statement para. 7. Officer Fallon told Officers Angarone and Parisi that he had called the CTA's North Park garage and had been told by CTA Supervisor Heron that "Jimmy Boyd," Badge No. 7982, was working that morning in Evanston, and would be driving by the intersection of Sherman and Davis Streets at approximately 10 a.m. Rule 12(e) ...