United States Seventh Circuit

In a suit under 42 U.S.C. section 1983 alleging that defendants conspired to falsely convict plaintiff of crimes, judgment for defendants is affirmed where the district judge: 1) did not abuse his discretion in deciding to submit an officer's assertion of his Fifth Amendment rights to the jury in the form of an instruction; 2) did not improperly reject plaintiff's proposed jury instructions, verdict form, and special interrogatory; and 3) did not err in in allowing officers asserting their rights under the Fifth Amendment to withdraw their privilege and testify while simultaneously excluding evidence of their previous silence if they were deposed prior to trial.

Appellate Information

• Decided 01/23/2008
• Published 01/23/2008

Judges

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

Court

• United States Seventh Circuit

Counsel

• For Appellant:
  
• Jon Loevy (argued), Loevy & Loevy, Chicago, IL, for Plaintiff-Appellant.


• For Appellees:
  
• Jane E. Notz (argued), Office of the Corporation Counsel, Kevin W. Horan, Rock Fusco, Chicago, IL, for Defendants-Appellees.