CA7: Factual mistake in state court opinion doesn’t justify habeas relief

A factual mistake in a state court’s decision on defendant’s Fourth Amendment claim for the inventory of his property still doesn’t merit habeas relief. Marling v. Littlejohn, 2020 U.S. App. LEXIS 21616 (7th Cir. July 13, 2020).

Plaintiff’s claim for malicious prosecution survives summary judgment by the defense. He was shot by officers during a traffic stop and then spent two months in the hospital and then 16 months in pretrial detention before the dashcam video showed that plaintiff’s version was correct that he dropped any weapon and had his hands up when he was shot. Interesting discussion of the Fourth Amendment and malicious prosecution. Williams v. Aguirre, 2020 U.S. App. LEXIS 21596 (11th Cir. July 13, 2020).*