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Howlett v. Hack

United States Court of Appeals, Seventh Circuit

July 21, 2015

CHARLES S. HOWLETT, Plaintiff-Appellant,
v.
JEFFREY HACK, et al., Defendants-Appellees

Argued January 7, 2015.

Page 722

[Copyrighted Material Omitted]

Page 723

Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. No. 1:12-cv-00475-TWP-MJD -- Tanya Walton Pratt, Judge.

For Charles S. Howlett, Plaintiff - Appellant: Adam Lenkowsky, Attorney, Roberts & Bishop, Indianapolis, IN.

For Jeffrey Hack, Defendant - Appellee: A. Douglas Stephens, Attorney, Speedway, IN.

For Steven Beasley, City of Indianapolis, Defendants - Appellees: Adriana Katzen, Attorney, Amanda J. Dinges, Attorney, Office of The Corporation Counsel, Indianapolis, IN.

Before WOOD, Chief Judge, and POSNER and EASTERBROOK, Circuit Judges.

OPINION

Page 724

Wood, Chief Judge.

In the early hours of October 25, 2009, the Indianapolis Metropolitan Police Department received a 911 call reporting that someone had broken into Jeffrey Hack's house. Officer Steven Beasley responded to the call and eventually arrested Hack's neighbor, Charles Howlett. Howlett was later charged with a variety of offenses related to the alleged break-in, but a jury ultimately acquitted him. He then filed this suit, alleging false arrest and malicious prosecution on the part of Beasley, the City of Indianapolis, Hack, and several others. The district court granted summary judgment to all of the defendants. Howlett now appeals, though only with respect to Beasley, the City, and Hack. We affirm the district court's resolution of all claims against Beasley and the City as well as the federal malicious-prosecution claim against Hack. We conclude, however, that the court should have relinquished supplemental jurisdiction over the state-law claims against Hack, and so we remand for that limited purpose.

I

On October 25, 2009, the Indianapolis Police received a call about a break-in and assault at 418 South Butler Avenue. Officer Beasley was quickly dispatched to the scene and spoke to Jeffrey Hack, the alleged victim of the assault. Hack told Beasley that he had been asleep in his home when his neighbor, Charles Howlett, woke him up suddenly, grabbed and threatened him, and eventually thrust a hand down the front of Hack's pants. Hack guessed that Howlett had entered the house by prying open a bathroom window, and he told Beasley that Howlett did not have permission to enter the home (through the window or otherwise). ...


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