United States Court of Appeals
For the Seventh Circuit
Chicago, Illinois 60604
March 14, 2003
Before
Hon. JOHN L. COFFEY, Circuit Judge
Hon. TERENCE T. EVANS, Circuit Judge
Hon. ANN CLAIRE WILLIAMS, Circuit Judge
No. 02-1918
BEVERLY THOMPSON, Appeal from the United States
Plaintiff-Appellant, District Court for the
Northern District of Illinois,
v. Eastern Division.
DAVID E. WAGNER and No. 01 C 4266
KEITH GARDNER,
Defendants-Appellees. John W. Darrah, Judge.
ORDER
The appellant’s petition for rehearing is DENIED, but the final paragraph of the court’s
February 13, 2003, opinion is amended to read:
So, what we have here is a situation where the officers seem to
have decided on their course of action before they even entered the
Kroger store. If Mrs. Thompson had a diamond, and refused to give
it up, she would be arrested. Without probable cause or a valid
charge of obstruction, their actions cannot be protected by qualified
immunity. Accordingly, the grant of summary judgment to the
defendants based on qualified immunity is REVERSED. In light of
this determination, we also VACATE the district court’s order
denying Mrs. Thompson’s motion for summary judgment. The case
is REMANDED for further proceedings consistent with this opinion.