Case Explained: JEVARREO KELLEY-LOMAX v. CITY OF CHICAGO, et al

Court: United States Court of Appeals for the Seventh Circuit Filed: 2026-08-13 The seventh-circuit affirmed the district court’s grant of summary judgment in favor of the police officers against Jevarreo Kelley-Lomax’s civil rights claims for false arrest and malicious prosecution under 42 U.S.C. § 1983. The court held that probable cause existed to support both claims, which serves as a complete defense. Regarding the false arrest claim, the court applied the standard that probable cause exists when facts and circumstances within an officer’s knowledge are sufficient to support a reasonable belief that a suspect has committed a crime. The court determined that the officers had probable cause to arrest Kelley-Lomax for aggravated unlawful use of a weapon because he was found in the front passenger seat of a vehicle where a loaded handgun was discovered underneath his seat, and he admitted to lacking a firearm license. The court rejected the argument that proximity alone is insufficient for possession, noting that while mere presence might not suffice for a criminal conviction beyond a reasonable doubt, it can support the lower threshold of probable cause, particularly under Illinois’s theory of joint constructive possession where exclusive control is not required if others have sufficiently close access to the contraband. Regarding the malicious prosecution claim, the court applied the *Beauchamp* test, which requires a plaintiff to show that officers fabricated or omitted material information and that such fabrication was necessary to establish probable cause. While the court acknowledged a factual dispute suggesting the officers may have recklessly made false statements regarding 911 caller descriptions and surveillance video content during the grand jury proceeding (satisfying the first prong of the test), it ruled that probable cause remained even after removing the alleged fabrications. The undisputed facts—the discovery of the gun under Kelley-Lomax’s seat and his lack of a license—were sufficient to establish probable cause to prosecute him for unlawful possession. The court reasoned that defenses regarding knowledge or ownership, which may have led to his acquittal at trial, do not negate the existence of probable cause at the time of prosecution. The practical consequence is that the judgment in favor of the City of Chicago and the officers is upheld, and Kelley-Lomax’s lawsuit is dismissed without proceeding to a jury trial on these claims. Do It For The Case Law is a news reporting service. Nothing in this episode constitutes legal advice.