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BOYD v. ANGARONE

January 9, 1990

JAMES BOYD, Plaintiff,
v.
POLICE OFFICER K. ANGARONE, Star No. 16951 and POLICE OFFICER A. PARISI, Star No. 16540; POLICE BEAT 2332, in both their individual capacity and as agents for the City of Chicago Police Department, Defendants



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.

 DATED: January 9, 1990

 APPENDIX

 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.

 Facts1


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