United States Seventh Circuit

In a 42 U.S.C. section 1983 suit against police officers and a city alleging unlawful arrest and unreasonable force, summary judgment for defendants is reversed and remanded where: 1) plaintiff's answers to defendants' interrogatories were not inadmissible hearsay and should have been considered by the district court; and 2) plaintiff's excessive force claims were not barred by Heck since they did not present a collateral attack to his conviction for resisting arrest.

Appellate Information

• Argued 10/24/2007
• Decided 04/10/2008
• Published 04/10/2008

Judges

• MANION, Circuit Judge., Before FLAUM, MANION, and WILLIAMS, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellant:
  
• Kenneth N. Flaxman (argued), Chicago, IL, for Plaintiff-Appellant.


• For Appellees:
  
• Craig G. Penrose (argued), Tressler, Soderstrom, Maloney & Priess, Chicago, IL, for Defendants-Appellees.