Lucia Garcia v. Jason Clift, Mason Sarti, Individually, and the City of Ottawa...
Lucia Garcia v. Jason Clift, Mason Sarti, Individually, and the City of Ottawa...
Trial Court Opinion
IN THE UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION
LUCIA GARCIA, )
)
) Case No. 23-cv-11493
Plaintiff, )
) Judge Sharon Johnson Coleman
v. )
)
JASON CLIFT, MASON SARTI, )
Individually, and the CITY OF OTTAWA )
and the CITY OF STREATOR, )
a Municipal Corporation )
)
Defendants. )
MEMORANDUM OPINION AND ORDER
Plaintiff, Lucia Garcia (“Garcia”), brings this action against Defendants, Jason Clift (“Officer
Clift”) and Mason Sarti (Officer Sarti”)(together, “Officer Defendants”), the City of Ottawa, and the
City of Streator (together, “City Defendants”) (altogether, “Defendants”) stemming from her arrest
and 17-day detention after an informant allegedly bought drugs from Garcia on July 12, 13, 14, and
18, 2022, at 607 North Monroe Street in Streator, Illinois. Garcia’s Second Amended Complaint
(“Complaint”) brings claims against the Officer Defendants: false arrest (Count I), illegal detention
(Count II), federal malicious prosecution claims (Count III), Illinois malicious prosecution claims
(Count IV), and brings indemnification claims, (Count V), against the City Defendants. Presently
before the Court are Officer Clift’s and the City of Streator’s Motion for Summary Judgment [113]
and Officer Sarti’s and the City of Ottawa’s Motion for Summary Judgement [158]. For the following
reasons, the Court grants Defendants’ Motions in full.
I. Background
A. Factual Allegations
The following material facts are not in dispute, unless otherwise noted, and are relevant to
resolving both Motions.
i. Tri-Dent Investigation
The Tri-County Drug Enforcement Narcotics Team (“Tri-Dent”) is a multi-jurisdictional
narcotics task force composed of various police departments. In 2022, while working for Tri-Dent
on behalf of the City of Streator, Officer Clift participated in a drug investigation of James Forbes
(“Forbes”), the father of Garcia’s two children. Officer Clift, with the help of an informant, Anthony
Gibson (“Gibson”), facilitated several controlled drug buys from Forbes’ residence located at 607
North Monroe Street, Streator, Illinois. During the drug buys, Tri-Dent placed a camera with audio
and video capabilities on Gibson. Out of all the controlled drug buys, four of them, occurring on July
12th, 13th, 14th, and 18th , involved the same Latina who provided Gibson with cocaine.
According to Defendants, Officer Clift offered the case to Officer Sarti, who became the lead
investigator. Officer Clift did not prepare any reports or paperwork, did not pay the informant, never
appeared at any court proceedings, and never discussed the investigation with the LaSalle County
Assistant State’s Attorney Jason Goode (“ASA Goode”). Garcia, however, denies that Officer Clift
was not further involved in the investigation and prosecution. Defendants admit however, as part of
their investigation into Forbes, Officer Clift informed Officer Sarti that Forbes shared children with
Garcia.
Officer Sarti testified that after learning Garcia’s identity, he compared her Facebook photos
to the woman depicted in the video and independently identified her as the Latina in question. He
then showed the pictures to Officer Clift who verified that the woman from the Facebook photos was
Garcia. Finally, Officer Sarti showed Garcia’s photos to Gibson, who identified her as the woman
from whom he purchased cocaine. While Officer Sarti and Officer Clift testified that Gibson
positively identified Garcia as the woman involved in the drug buys, Gibson testified that he did not
recall Officer Sarti or Officer Clift showing him a Facebook photo.
ii. Forbes’ Arrests
On July 20, 2022, Officer Sarti and other officers executed a search warrant at 607 North
Monroe Street, where they recovered narcotics and a firearm. Forbes was arrested on July 22, 2022,
and taken into custody at the LaSalle County Jail. ASA Goode, who previously handled a felony
possession case involving Forbes and was aware that law enforcement believed Forbes was
distributing heroin and crack cocaine, approved the charges against Forbes. During that earlier
prosecution, a victim brought a locker of weapons to law enforcement and stated that the remaining
arsenal was with Garcia. ASA Goode believed that Garcia used her real estate background to help
Forbes buy properties on tax sales to turn them into drug “dens.”
Because of this, in September of 2022, after Forbes’ arrest, ASA Goode requested reports
regarding Garcia from Officer Sarti. Officer Sarti submitted the requested reports to the ASA in
November 2022. Officer Sarti testified that he believed these reports would be utilized for further
investigation of Forbes, not for subsequent charges against anyone else; he also stated that, while did
not think it was necessary to arrest all the individuals involved with this drug operation, it was up to
the State’s Attorney’s Office to decide who they were going to charge.
iii. Garcia’s Arrest
After reviewing Officer Sarti’s reports, conducting his own independent investigation, and
based on his prior knowledge of Garcia, ASA Goode believed he had probable cause to seek a warrant
for and charge Garcia for the controlled drug buys from July 12, 2022, to July 18, 2022, and filed such
charges in October of 2022. Garcia additionally sought an arrest warrant from a LaSalle County Judge,
who issued one on October 25, 2022. ASA Good testified that he did not use any information
provided by Gibsson to obtain the arrest warrant, that his decision to bring charges was not influenced
by Officers Clift or Sarti, and that he made an independent determination that there was probable
cause to arrest Garcia.
On October 31, 2022, Garcia was arrested by the Bloomington Police Department following
a traffic stop and was subsequently held on the LaSalle County warrant. After her arrest, on November
7, 2022, ASA Goode proceeded to a grand jury. Officer Sarti testified before the grand jury which
returned a true bill indicting Garcia on four counts of Unlawful Delivery of a Controlled Substance.
iv. Limited Prosecution
At a November meeting at LaSalle County Jail that included Garcia, her criminal defense
attorney, Officer Sarti, and Officer Sarti’s supervisor, Commander Hoster, the parties reviewed still
photographs of the woman captured on video by Gibson and compared them to photos of Garcia.
At that meeting, Commander Hoster told Officer Sarti that he was not “100% convinced” that Garcia
was the Latina who sold drugs to Gibson. Officer Sarti, still believing Garcia was the woman in the
video, then reached out to another officer involved in the Forbes investigation, Michael Ray Taylor
(“Officer Taylor”), for additional identification assistance.
On November 14, 2022, Officer Taylor met ASA Goode and his two secretaries at the LaSalle
County State’s Attorney’s Office, where ASA Goode presented to Officer Taylor a photo array of
approximately six pictures of the Latina woman captured on Gibson’s body camera to verify if it was
Garcia. Officer Taylor then responded that he believed the person in the pictures was actually Emilee
A. Costillo (“Costillo”), a “known drug dealer” and associate of Forbes. In that meeting, Officer
Taylor sent a video recording depicting Costillo to ASA Goode along with her birthdate and driver’s
license number. Soon after that meeting on November 17, 2022, Plaintiff was released from Lassalle
County Jail.
On June 23, 2023, ASA Goode decided to discontinue his prosecution against Garcia. While
ASA Goode testified that he still believed he had probable cause to prosecute Garcia, he ultimately
dismissed the charges because the confidential informant, Gibson, broke off contact with law
enforcement and had an active warrant. Without this witness, ASA Goode dismissed the charges.
v. Subsequent Communications with Gibson
On September 20, 2024, Garcia’s counsel in the present case informed Defendants that he
located Gibson at a Texas prison and that he intended to depose him. On September 26, 2024,
Plaintiff’s counsel notified Defendants that Gibson was no longer at that facility and produced an
affidavit from Gibson, which Plaintiff intended to use as substantive evidence. In the affidavit
obtained by Garcia’s counsel, Gibson stated that he did not know Garcia and that neither Officer Clift
nor Officer Sarti showed him any photo after a buy to confirm whether the woman depicted was the
Garcia. Gibson later conceded, however, that it was possible he had been shown photos to identify
the person from whom he purchased the drugs, contradicting the affidavit obtained by Garcia’s
Counsel.
A. Remaining Disputed Facts
Defendants raise objections to certain statements of fact proffered by on the basis that they
are based on conjecture, not supported by the record, or inadmissible hearsay. “To be considered
on summary judgment, evidence must be admissible at trial…” Cairel v. Alderden, 821 F.3d 823, 830
(7th Cir. 2016). The Court therefore addresses the admissibility of these contested facts and
determines how those facts can be considered for purposes of resolving Defendants’ Motions.
i. Statement that Officer Clift “Coached” Officer Sarti
Defendants take issue with Garcia’s statement that “Defendant Clift ‘coached’ and coerced
Defendant Sarti to write reports indicating that Plaintiff Lucia Garcia was the one who Anthony
Gibson bought drugs from on July 12, 13, 14, and 18th of 2022.” Specifically, Defendants object to
this proffered fact because Garcia fails to cite any admissible evidence that supports this conclusion.
“While [the Court] must construe all the facts and reasonable inferences in the light most favorable
to the nonmoving party, [its] favor toward the nonmoving party does not extend to drawing inferences
that are supported by only speculation or conjecture.” Monroe v. Indiana Dep’t of Transportation, 871 F.3d
495, 503 (7th Cir. 2017). The specific statement Garcia cites to support this statement comes from
Officer Taylor’s deposition, where he states:
10 A. I think Agent Sarti believed that was Lucia
11 Garcia. I 100 percent do.· I think he was coached by
12 Jason Clift, and Jason Clift being from Streator has
13 dealt with Lucia Garcia a lot and I think that --
14 I -- I would have to think that Clift probably said that
15 is Lucia Garcia in those photos.
(Dkt 1-6 at *75). This statement made by Officer Taylor, who does not allege he witnessed or was
aware of any such “coaching,” is the very speculation and conjecture that the Court will not draw
inferences from. Absent any concrete evidence of such “coaching,” the Court will not consider this
fact for purposes of resolving these Motions.
ii. Statements by ASA Goode and his Secretaries
Again, relying on Officer Taylor’s testimony, Garcia seeks to proffer a fact that during Officer
Taylor’s meeting at ASA Goode’s office, ASA Goode and his secretaries stated that “they didn’t think”
the woman from the video was Garcia, that they weren’t “on board with it” being her, and that they
“all came to agreement that [the woman in the video] was not Lucia Garcia.” Defendants object to
these statements on the grounds that they are inadmissible hearsay. Hearsay is an out-of-court
statement offered to prove the truth of the matter stated. Fed. R. Evid. 801(c). Absent any indication
that statements by ASA Goode and his unidentified secretaries fall within a hearsay exception, the
Court will not consider this statement for the truth of the matter they assert, or for any other purpose,
while resolving these Motions.
iii. Gibson’s Affidavit
Garcia seeks to admit numerous statements from Gibson’s 2024 Affidavit contradicting his
initial identification of Garcia to dispute that Officer Sarti and ASA Goode had probable cause to
arrest and prosecute her. Defendants argue that any statements from Gibson’s Affidavit constitute
inadmissible hearsay and do not satisfy any exclusion or exception under Federal Rule of Evidence
801(d). Inadmissible hearsay cannot be used to establish a dispute of fact at summary judgment. Eaton
v. J.H. Findorff & Son, Inc., 1 F.4th 508, 512 n.3 (7th Cir. 2021). Because Garcia does not provide any
exclusion or exception to establish admissibility, the Court will not consider the statements in Gibson’s
Affidavit for purposes of summary judgement. Furthermore, since Defendants’ Motions hinge on the
existence of probable cause at the time of Garcia’s arrest and prosecution, facts proffered from
Gibson’s 2024 Affidavit cannot create a dispute of material fact for determining the Officers’ and
ASA’s determination of probable cause in 2022.
With these material issues addressed, the Court now turns to its ruling on the merits of
Defendants’ Motions.
II. Legal Standard
Summary judgment is appropriate “if the movant shows that there is no genuine dispute as to
any material fact and the movant is entitled to judgment as a matter of law.” Fed. R. Civ. P. 56(a); see
Spurling v. C & M Fine Pack, Inc., 739 F.3d 1055, 1060 (7th Cir. 2014). A genuine dispute as to any
material fact exists if “the evidence is such that a reasonable jury could return a verdict for the
nonmoving party.” Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248 (1986). The Court “consider[s] all
of the evidence in the record in the light most favorable to the non-moving party, and . . . draw[s] all
reasonable inferences from that evidence in favor of the party opposing summary judgment.” Logan
v. City of Chicago, 4 F.4th 529, 536 (7th Cir. 2021) (quotation omitted).
III. Discussion
A plaintiff may recover damages for Fourth Amendment, false arrest and unlawful detention
claims, as well as malicious prosecution claims, when there is no probable cause. See Manuel v. City of
Joliet, Ill., 580 U.S. 357, 367 (2017). The existence of probable cause is a defense to both Fourth
Amendment and malicious prosecution claims. Washington v. City of Chicago, 98 F.4th 860, 863 (7th Cir.
2024). As such, the facts that are relevant to determining whether the officers had probable cause to
arrest a plaintiff, are the same facts that are relevant to determining if probable cause existed for a
plaintiff’s detention and prosecution. See Esco v. City of Chicago, 107 F.4th 673, 677 (7th Cir. 2024).
Consequently, this case turns on whether probable cause existed to originally arrest Garcia, detain her,
and for her continued prosecution.
Officer Clift and the City of Streator argue summary judgement is proper for several reasons:
first, because there was probable cause to seize, detain, and prosecute Garcia; second, because Garcia
was indicted by a grand jury and a warrant was issued for her arrest, there is a rebuttable presumption
of probable cause that Garcia has not overcome; third, because Garcia was arrested and detained only
after an arrest warrant was issued, her claim for false arrest fails; fourth, because Defendants are
entitled to qualified immunity as to all of Garcia’s federal claims; and finally, because Garcia’s claim
for illegal detention is duplicative of her malicious prosecution claim. (Dkt. 114 at *1.) Officer Sarti
and the City of Ottawa argue summary judgement is proper because Garcia presented no credible
evidence that Officer Sarti fabricated or withheld evidence, misled prosecutors, or influenced the
independent determinations of the State’s Attorney, the judge, or the grand jury. (Dkt. 160 at *3.).
They argue that the undisputed facts, the prosecutor’s independent determination of probable cause,
and the existence of a facially valid arrest warrant all establish that Defendants are entitled to judgment
as a matter of law. (Id.)
Garcia, by contrast, argues that Defendants’ Motions should be denied because there are
genuine issues of material facts barring summary judgment. (Dkt. 130 at *2.) Specifically, because
Defendants’ Motions ask the Court to resolve disputed facts, weigh credibility, and credit an
investigation that key witnesses, supervisors, and even the prosecutor “later concluded was wrong,”
summary judgement is not permitted. (Dkt. 179 at *3.)
The Court will address the merits of these arguments in turn.
A. Probable Cause Determination (Counts I and II)
Probable cause is a “common-sense inquiry requiring only a probability of criminal activity;”
probable cause exists “whenever an officer has enough information to warrant a prudent person to
believe criminal conduct has occurred.” Leaver v. Shortess, 844 F.3d 665, 669 (7th Cir. 2016) (quoting
Whitlock v. Brown, 596 F.3d 406, 411 (7th Cir. 2010)). Officers making probable-cause determinations
“are entitled to draw reasonable inferences from the facts before them, based on their training and
experience.” Funches, 327 F.3d at 586. Additionally, a presumption of probable cause arises after a
judicial determination of probable cause. Washington, 98 F.4th at 863. To overcome this presumption,
plaintiffs must show “that the officer who sought the warrant (1) ‘knowingly or intentionally or with
a reckless disregard for the truth, made false statements to the judicial officer, and (2) that the false
statements were necessary to the judicial officer’s determination that probable cause existed for the
arrest.’ ” Whitlock v. Brown, 596 F.3d 406, 410 (7th Cir. 2010).
In their Motion, Officer Clift and the City of Streator argue Garcia’s false arrest and illegal
detention claims fail as a matter of law because she has not overcome the presumption of probable
cause established by the arrest warrant and grand jury indictment. (Dkt. 114 at *4.) Defendants
further argue that Plaintiff’s principal theory that Gibsons identification of Garcia was fictitious, is
flawed for three reasons: first, whether Gibson identified Plaintiff is irrelevant as Defendants had
probable cause to arrest Plaintiff after separately concluding it was her on the video; second, even if
the court were to analyze Gibson’s testimony in the present case, probable cause would still have been
present in November 2022, when Plaintiff was arrested; finally, even if the Court considers that
Gibson recanted his testimony, this does not negate that probable cause existed at the time of the
arrest based on the information available to the officers. (Id. at *4-5.) Finally Defendants argue that
even if the prosecutor, judge, and grand jury relied on Gibson’s alleged fictitious identification, Garcia
cannot show these facts were “necessary” to the judicial determination of probable cause as required
to overcome its validity. (Id. at *8.)
In their Motion, Officer Sarti and the City of Ottawa similarly argue that the existence of a
properly obtained arrest warrant, and the presumption of probable cause that goes with it, defeats the
false arrest and false imprisonment claims asserted here. (Dkt. 160 at *8.) Defendants first emphasize
Officer Sarti turned the report of the investigation over to the LaSalle County State’s Attorney’s
Office. (Id.) That office, without further input from Officer Sarti, determined that charges should be
against Garcia. (Id.) Next, Defendants argue, to the extent Garcia’s claims hinge on an assertion that
Officer Sarti provided false or misleading testimony in the criminal proceedings, that argument fails
as a matter of law because he enjoys absolute immunity for any such testimony. (Id. at *6.) (citing
Khorrami v. Rolince, 539 F.3d 782, 789 (7th Cir. 2008) (explaining witnesses in criminal proceedings,
including police officers, enjoy absolute immunity from civil liability under § 1983 for their testimony,
even if it is alleged to be false.)). Finally, Defendants argue, Gibson’s recantation, obtained nearly two
years after Garcia’s arrest, cannot create a genuine dispute of material fact sufficient to overcome the
presumption of probable cause established by the judicially issued arrest warrant and the independent
prosecutorial determinations that occurred at the time of Garcia’s arrest. (Dkt. 160 at *7.)
Garcia responds to Officer Clift and the City of Streator by asserting “the most reasonable
inference to take from all of the evidence in this case is that Defendants Clift and Sarti fabricated their
basis for probable cause against Garcia based solely on the fact that the father of her children was the
target of their investigation.” (Dkt. 130 at *1-2.) Garcia asserts, when Officer Sarti viewed Gibsons’
video recording of a Latina, he made improper assumptions that Garcia was the individual in that
video solely because of her race and her prior relationship with Forbes. (Dkt. 130 at *2.) Garcia then
asserts that Officer Sarti, at Officer Clift’s direction, created false reports that ASA Goode used as the
“sole” basis to bring charges against Garcia. In addition to this issue, Garcia asserts there are multiple
factual issues that necessitate denial of summary judgement: first, Officer Sarti was never present at
the scene to personally identify Garcia; second, the video evidence creates a reasonable disagreement
on whether Officer Sarti could actually identify Garcia; and finally, Officer Taylor’s testimony calls
into question ASA Goode’s probable cause determination after Officer Taylor provided him
information of an alternative suspect. (Id. at *6-7.)
Garcia responds to Officer Sarti and the City of Ottawa by asserting that Officer Sarti made
statements in his reports “from which a reasonable jury could conclude that he knowingly
misrepresented that Anthony Gibson positively identified the Plaintiff and further omitted from the
investigative file the picture that he alleged was relied on when submitting the file to States Attorney
Jason Goode.” (Dkt. 179 at *6.) Garcia next argues that the presumption of probable cause gives
way to her showing of fact that Officer Sarti made false statements or omitted facts to a judicial officer
which were necessary to the judicial officer’s determination. (Id. at *6-7.) Finally, Garcia argues her
claims are not subject to summary judgement because they necessitate creditability determinations and
require a finder of fact to weigh any alleged inconsistencies in Gibson’s testimony, which is generally
the province of the jury. (Dkt. 179 at *12.)
As an initial matter, the Court reiterates that it will not draw inferences that are supported
solely by speculation or conjecture when resolving these Motions. See Monroe v. Indiana Dep’t of
Transportation, 871 F.3d at 503. Garcia’s assertions that Officer Clift and Officer Sarti fabricated
reports to provide to ASA Goode and that Officer Sarti misrepresented his and Gibson’s identification
of Garcia, are not supported by any admissible evidence in the record. The Court, therefore, will not
consider these speculative theories when determining the merits of Garcia’s false arrest and unlawful
detention claims against Defendants.
As to her false arrest claims, generally, a person arrested pursuant to a facially valid warrant
cannot prevail on a false arrest claim, even if it is later determined that a warrant had an inadequate
factual foundation. Williamson v. Curran, 714 F.3d 432, 443-44 (7th Cir. 2013); see Bianchi v. McQueen,
818 F.3d 309, 322 (7th Cir. 2016) (a false arrest claim arises “from a warrantless arrest without probable
cause”). There is, however, a recognized exception for situations where officers knew that the arrest
warrant was issued without probable cause, especially when the individuals obtaining the warrant
deceived the authorizing body to obtain it. See id. The record does not show that this exception
applies. Garcia cannot maintain her claim against the Officer Defendants because it was the state’s
attorney’s office, and not Officer Clift or Sarti, who determined probable cause existed and sought
Garcia’s warrant and arrest. It was ASA Goode’s determination of probable cause that led to her
warrant and arrest. The record also does not identify any alleged misstatements that were material to
the probable cause determination. Gibsons’ 2024 recantation does not create a dispute of material
fact as to whether ASA Goode had probable cause in 2022. Even assuming Gibson did not identify
Garcia, probable cause existed based on Officer Sarti’s visual comparison of the covert camera footage
and its comparison to Garcia’s Facebook photos, ASA Goode’s independent visual confirmation of
the same, a properly obtained arrest warrant, and the grand jury’s indictment of Garcia.
While the Court is mindful that discrepancies in video evidence often make summary
judgement improper, Kailin v. Vill. of Gurnee, 77 F.4th 476, 481 (7th Cir. 2024), a determination of
whether the Officer Defendants and ASA Goode believed that Garcia was the individual depicted in
the video, based on what they knew at the time, does not create a dispute of material fact that can be
resolved by a jury’s review. Their identification of Garcia, albeit an alleged incorrect identification, is
protected by arguable probable cause. Fleming v. Livingston County, Illinois, 674 F.3d 874, 878 (7th Cir.
2012) (arguable probable cause, or mistaken probable cause, is established when “a reasonable police
officer in the same circumstances and ... possessing the same knowledge as the officer in question
could have reasonably believed that probable cause existed.”). Even if Defendants were mistaken in
their identifications based on racial assumptions, because the admissible evidence shows Defendants
at least had arguable probable cause to believe Garcia was the woman depicted on the video, Garcia
cannot overcome the presumption of probable cause created by multiple independent identifications,
a judicial arrest warrant, and a grand jury indictment. The Court therefore grants Defendants’ Motion
for Summary Judgement on Garcia’s false arrest claim.1
This finding does not, however, automatically entitle Defendants to summary judgment on
Garcia’s illegal detention claim. She can also recover damages for “ensuing pretrial detention without
probable cause,” when probable cause was obtained through fabricated evidence. Manuel, 580 U.S. at
1 The Court acknowledges had Garcia brought a Monell claim alleging an official custom or policy of
racial discrimination, the outcome of Garcia’s claims may have differed, at least as they relate to the
City Defendants. See Monell v. Department of Social Services of the City of New York, 436 U.S. 658
(1978)(subjecting defendants to municipal liability based on a policy, practice, or custom that resulted
in a constitutional violation). The record shows that the Defendants may have mistakenly identified
Garcia as the woman in the video based on racial profiling. This alleged misidentification, coupled
with evidence of repeated misidentification of Latino suspects by Tri-Dent and the LaSalle County
State’s Attorney’s Office, could become actionable.
367. This is because fabricating evidence can harm a person charged with a crime “before and not
just during the trial, [where] it was used to help indict him,” and the indictment leads to a nontrivial
period of pretrial detention Fields v. Wharrie (“Fields II”), 740 F.3d 1107, 1114 (7th Cir.
2014) (citing Julian v. Hanna, 732 F.3d 842, 847 (7th Cir. 2013). Specifically, where an unbroken causal
chain connects the acts of evidence fabrication to an individual’s imprisonment, defendants can be
liable for a plaintiff’s detention without probable cause. See, e.g., Avery v. City of Milwaukee, 847 F.3d
433, 439–40 (7th Cir. 2017). While Garcia is not automatically foreclosed from recovering damages
for her 17-days in detention, in the present instance, where she has not shown any proof that the
Officer Defendants fabricated evidence to influence ASA Goode’s determination that he had probable
cause to prosecute and detain her, Garcia’s illegal detention claim also fails.
A. Malicious Prosecution Claims (Count III and IV)
In Counts III and IV of her Complaint, Garcia alleges that Officers Sarti and Clift maliciously
prosecuted her, in violation of the Constitution and Illinois law. To prevail on a federal malicious
prosecution claim, a plaintiff must prove that the malicious prosecution resulted in a seizure, or
detention, of the Plaintiff. See Thompson v. Clark, 596 U.S. 36, 43 n. 2, (2022); see Neita v. City of Chicago,
148 F.4th 916, 939 (7th Cir. 2025) (noting a plaintiff must prove they were detained after “legal
process,” or after criminal charges were filed). To prevail on a malicious-prosecution claim under
Illinois law, plaintiffs must show that: “(1) [they were] subjected to judicial proceedings; (2) for which
there was no probable cause; (3) the defendants instituted or continued the proceedings maliciously;
(4) the proceedings were terminated in the plaintiff[s’] favor; and (5) there was an injury.” Martinez v.
City of Chicago, 900 F.3d 838, 849 (7th Cir. 2018) (internal citation omitted). Importantly, because
“[t]he State’s Attorney, not the police, prosecutes a criminal action…. [t]he chain of causation
[between a wrongful arrest and post-indictment tort liability] is broken by an indictment,” absent an
allegation of misstatements or influence exerted by the police officers. See Colbert v. City of Chicago, 851
F.3d 649, 655 (7th Cir. 2017).
Officer Clift and the City of Streator argue that Garcia’s federal malicious prosecution claim
fails because it is duplicative of Garcia’s illegal detention claim. (Dkt. 114 at *12.) (citing Smith v.
Chicago, 2024 WL 3757127, at *2 (N.D. Ill. Aug. 12, 2024) (Coleman, J.)(explaining that a Fourth
Amendment claim of illegal pretrial detention, or “unreasonable seizure pursuant to legal process,” is
analogous to a malicious prosecution claim)). Defendants also argue Garcia’s state malicious
prosecution claim fails because the indictment by the grand jury breaks the chain of causation. (Dkt.
114 at *14-15.) Further, they argue, it is undisputed that ASA Goode reviewed the evidence and
sought the arrest warrant for Garcia on his own, meaning Garcia cannot maintain malicious
prosecution claims against the Officer Defendants because she cannot show that they caused
(commenced or continued) her prosecution. (Id. at *13.)
Officer Sarti and the City of Ottawa also argue that Garcia’s federal malicious-prosecution
claim fails because it is duplicative of her illegal detention claim. (Dkt. 160 at *10-11.) Regarding the
state malicious prosecution claim, they argue a malicious prosecution action against a police officer is
anomalous because the charges were prosecuted by the State’s Attorney and not the police. (Id. at
*11)(citing Snodderly v. R.U.F.F. Drug Enf’t Task Force, 239 F.3d 892, 901 (7th Cir. 2001)).
Notwithstanding this anomaly, Defendants similarly argue they are still entitled to summary judgement
on the malicious prosecution claims because of the independently obtained judicial determination of
probable cause. (Id. at *11.) Without any influence from Officer Sarti, ASA Goode independently
decided to obtain a warrant for Garcia’s arrest. (Id.) Following her arrest, ASA Goode again reviewed
the matter and made the prosecutorial decision to proceed before a grand jury, which returned a true
bill indicting Garcia, a second judicial confirmation that the arrest and prosecution of Plaintiff were
supported by adequate legal grounds. (Id. at *12-13.) Defendants conclude that it is problematic
Garcia did not sue the prosecutors but instead sued the Officers who did not request charges against
Garcia and who are not liable for what the prosecutors did, or did not, do. (Id. at *13.)
Garcia, in response, argues that her federal malicious prosecution claim is not duplicative of
her illegal detention claim because, rather than addressing her injuries from her pre-indictment arrest,
it addresses her post-charge seizure pursuant to criminal proceedings. (Dkt. 179 at *15-16.) Regarding
her state claims, Garcia argues they can survive against the Officer Defendants because she alleges
“misstatements and falsehoods” they made that “completely influenced the prosecutor in this case.”
(Id. at *8.) Garcia argues, because there is a dispute of material fact as to whether Gibson identified
Garcia, and since Officer Sarti’s reports relied on that identification, “all of the written evidence that
the prosecutor relied on in this case was false and material in the prosecution of the Plaintiff.” (Id. at
*9.) Garcia concludes, because the prosecution was initiated and continued without probable cause,
because there was a seizure after the commencement of the legal process, and because the proceedings
were terminated in her favor, Plaintiff has stated a viable malicious prosecution claim under the Fourth
Amendment and Illinois law. (Id. at *15.)
Since the Court granted Summary Judgement on Garcia’s illegal detention claim, it need not
determine if her malicious prosecution claim is duplicative. Unfortunately for Garcia, however, her
malicious prosecution claim fails because she cannot show that the Officer Defendants caused,
commenced, or continued her prosecution. While Garcia argues Officer Sarti “commenced or
continued” her arrest by submitting investigative reports that allegedly contained misstatements, the
undisputed record establishes that Officer Sarti did not decide whether Plaintiff would be charged,
arrested, or prosecuted. He submitted his investigative reports to ASA Goode, who independently
reviewed the evidence, determined that probable cause existed, sought an arrest warrant from a neutral
judge, and later presented the case to a grand jury who all found probable cause, breaking the chain
of causation necessary to maintain her claim against the Officer Defendants. While Garcia seeks to
allege Officer Sarti fabricated claims in his report to ASA Goode, as stated, Garcia provides no
admissible evidence supporting this theory. The only reasonable conclusion to be drawn from the
undisputed evidence is that ASA Goode maintained control over Garcia’s prosecution, without the
influence of the Officer Defendants, as evidence by his independent fact-gathering and decision to
prosecute Garcia, rendering superfluous any alleged misleading statements. See Washington, 98 F.4th
at 874.
Finally, the eventual dismissal of her criminal case does not undermine the probable cause
determinations, because the undisputed record shows, the dismissal was driven by practical evidentiary
concerns, namely, that the confidential informant had broken off contact with law enforcement and
was subject to an active warrant, not because probable cause was lacking. In fact, ASA good Goode
testified that he believed probable cause existed against Plaintiff up until the charges were dismissed.
Accordingly, the Court grants Defendants’ Motion for Summary Judgement on Garcia’s malicious
prosecution claims. 2
The Court declines to address whether the Officer Defendants are entitled to qualified
immunity on all federal claims since it granted summary judgment on independent grounds.
Additionally, because the Court granted summary judgement to Defendants on claims I-IV, Garcia’s
derivative liability claims against the City of Streator and City of Ottawa based on those claims, also
fail.
IV. Conclusion
2 The Court acknowledges had Plaintiff brought her claims against ASA Goode, who made the
prosecutorial decisions and who it appears failed to investigate or prosecute an alternative suspect, her
claims may have been viable. Her decision to bring claims against the Officer Defendants, however,
without any admissible proof that they fabricated evidence to influence ASA Goode, dooms her
claims.
For the foregoing reasons, the Court grants Defendants’ Motions for Summary Judgement
in full [113, 158}.
IT IS SO ORDERED.
Date: 3/31/2026 (U JELLO
Entered:
SHARON JOHNSON COLEMAN
United States District Judge
18
Case-law data current through December 31, 2025. Source: CourtListener bulk data.