United States Seventh Circuit

Denial of motion for a new trial in a suit under 42 U.S.C. section 1983 alleging that police officers violated the deceased's Fourth and Fourteenth Amendment rights by using excessive force while attempting to place him under arrest is affirmed where the district court did not abuse its discretion in excluding evidence since: 1) evidence of general orders regarding the appropriate use of force was irrelevant and unfairly prejudicial, and any error in the exclusion was harmless; and 2) expert testimony concerning excessive force would have caused jury confusion and bore a substantial risk of prejudice.

Appellate Information

• Decided 12/20/2006
• Published 12/20/2006

Judges

• COFFEY, Circuit Judge., Before COFFEY, EVANS, and WILLIAMS, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellant:
  
• Randall W. Schwartz (argued), Parente & Norem, Chicago, IL, for Plaintiffs-Appellants.


• For Appellees:
  
• Mara S. Georges, Emily K. Paster (argued), Office of the Corporation Counsel Appeals Division, Chicago, IL, for Defendants-Appellees.