United States Seventh Circuit

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Jenkins v. Bartlett, 06-2495

In an excessive force suit under 42 U.S.C. section 1983 brought against a police officer, a municipality and the chief of police, verdict for defendant-officer and summary judgment for the city and the chief of police are affirmed over plaintiff's arguments that: 1) the district court erred when it allowed physicians to testify as expert witnesses because the defendants had failed to provide an expert report that satisfied Federal Rule of Civil Procedure 26(a)(2)(B); 2) the physicians' testimony did not satisfy the Daubert standard under Federal Rule of Evidence 702; 3) the district court erred when it sustained the officer's claim of attorney-client privilege despite a third-party's presence during conversations; and 4) the city displayed deliberate indifference when training officers on the use of force against suspects in vehicles.

Appellate Information

  • Argued 12/08/2006
  • Decided 04/23/2007
  • Published 04/23/2007

Judges

  • RIPPLE, Circuit Judge., Before EASTERBROOK, Chief Judge, and POSNER and RIPPLE, Circuit Judges.

Court

  • United States Seventh Circuit

Counsel

  • For Appellant:
  • James D. Montgomery, Cochran, Cherry, Givens, Smith & Montgomery, Chicago, IL, Willie J. Nunnery (argued), Madison, WI, for Plaintiffs-Appellants.

  • For Appellees:
  • Susan E. Lappen (argued), Milwaukee City Attorney's Office, Milwaukee, WI, for Defendant-Appellee.
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