Francis Conrad Stelloh v. Merle J. Liban

The appeal is by the plaintiff Francis Conrad Stelloh from a judgment dismissing his complaint for false arrest and imprisonment. The plaintiff was arrested without a warrant at his apartment in the city of West Allis, Wisconsin, at 5:15 a. m., February 4, 1960, by defendant John Sweeney, a captain of the West Allis police department who was accompanied by the other defendants who were officers of either the Milwaukee or the West Allis police department. Four days later a warrant was issued charging the defendant with a misdemeanor, i. e., fornication under sec. 944.15, Stats. After being convicted on this charge in the district court of Milwaukee county, the plaintiff on appeal to the municipal court was found not guilty by a jury. This action was then brought. The defendants denied the illegality of the arrest and allege facts which they claim constitute probable cause. The jury found the defendants at the time of the arrest acted upon reasonable grounds to believe or suspect the plaintiff had committed a felony or violated the terms of his parole from Waupun State Prison. Plaintiff moved for judgment notwithstanding the verdict on the grounds the arrest was not for a felony and if it was, probable cause did not exist. The trial court in a comprehensive opinion denied the plaintiffs motions and granted the defendants motion for judgment on the verdict.