Assume you represent Officer Cue. Be prepared to say how you would answer complaints which will be displayed in class.
What Fed.R.Civ.P. 11 implications influence the way you would answer the complaint?
Assume you represent Bennaza. Be prepared to discuss implications of various answers to your complaint.
How should defendant Cue and defendant Kenilworth Police Department assert defenses based on the following? Consider all options.
1. state law:
"A public employee is not liable for his act or omission in the execution or enforcement of any law unless such act or omission constitutes willful and wanton conduct." 745 ILCS 10/2-202 (West 1994).
2. federal law
Police officers enjoy qualified immunity from a civil rights suit under § 1983
when reasonable police officers, in the same circumstances and possessing the
as the acting officer, could have believed there was probable cause to engage
in the conduct occurring in an arrest or traffic stop.