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SULLIVAN v. STEFANIK

No. 84 C 2446.

605 F.Supp. 258 (1985)

Joseph P. SULLIVAN, Plaintiff, v. Donald STEFANIK; Henry Nulle, Sheriff of McHenry County, Illinois; McHenry County Illinois; and Unknown Deputies or Employees of the McHenry County Sheriff's Department, Defendants.

United States District Court, N.D. Illinois, E.D.

March 29, 1985.

Attorney(s) appearing for the Case

Stephen D. Tousey, E.K. Collison, John Early, John Regan, Early, Collison, Tousey & Regan, Elgin, Ill., for plaintiff.

Thomas A. Morris, John Collins, Brydges, Risebroough, Morris, Franke & Miller, Chicago, Ill., for Stefanik.

Gregory G. Lawton, Byron D. Knight, Judge & Knight, Ltd., Park Ridge, Ill., for Nulle and McHenry County.

DECISION

McMILLEN, Senior District Judge.

Pending against defendant Stefanik in the above case are pendent claims for false imprisonment (Count IV) and for malicious prosecution (Count V). He has filed a motion for summary judgment on both Counts of the Second Amended Complaint on the grounds that plaintiff was submitted to a preliminary hearing on probable cause, that the Court found probable cause for his arrest and prosecution, and that he is therefore...

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