United States Seventh Circuit

In an action brought under 42 U.S.C. sec. 1983 and the First Amendment, district court judgment is affirmed where: 1) plaintiff failed to raise a genuine issue of material fact on a claim of municipal liability under 42 U.S.C. sec. 1983 as he didn't provide any evidence that the City of Milwaukee failed to train its officers and showed deliberate indifference to the rights of individuals with whom the officers came into contact; 2) the court properly granted summary on the First Amendment claim as plaintiff offered no evidence to support his claim; 3) the court did not err during voir dire in refusing to ask the jurors plaintiff's proposed question; 4) the court did not abuse its discretion in refusing to allow into evidence questions concerning allegations of misconduct by one of the officers, as further questioning would have been of limited probative value; and 5) the court did not err by refusing to present the jury with plaintiff's proposed instruction concerning the lawfulness of his arrest and the scope of the municipal ordinance that he was charged with violating.

Appellate Information

• Argued 04/10/2009
• Decided 07/31/2009
• Published 07/31/2009

Judges

• BAUER, Circuit Judge., Before BAUER, FLAUM and EVANS, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellant:
  
• Robert E. Barnes, Daniel Treuden (argued), The Bernhoft Law Firm, Milwaukee, WI, for Plaintiff-Appellant.


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