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United States Seventh Circuit


Deicher v. City of Evansville, 07-2092

In a suit against a city and its police department alleging violation of the Driver-s Privacy Protection Act, judgment for plaintiffs is vacated on appeal by plaintiffs and remanded for a new trial on damages where, although the district court was entitled to take judicial notice of the date the complaint was filed, the judge abused his discretion by failing to allow the jury to consult a Notice of Claim during deliberations even though the plaintiffs had requested the jury be allowed to do so.

Appellate Information

  • Argued 12/07/2007
  • Decided 09/19/2008
  • Published 09/19/2008

Judges

  • WILLIAMS, Circuit Judge., Before POSNER, ROVNER, and WILLIAMS, Circuit Judges.

Court

  • United States Seventh Circuit

Counsel

  • For Appellant:
  • Betty Eberle (argued), Miner, Barnhill & Galland, Richard M. Burnham, Neider & Boucher, Madison, WI, for Plaintiffs-Appellants.

  • For Appellees:
  • Mark B. Hazelbaker (argued), Hazelbaker & Russell, Madison, WI, for Defendants-Appellees.
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