Common v. City of Chicago

In action alleging that defendant-police officer used excessive force when shooting plaintiff-decedent after defendant received tip that plaintiff and others had robbed convenience store, Dist. Ct. did not err in admitting evidence that plaintiff had five plastic bags containing cocaine in his mouth at time of shooting. While defendant was unaware of existence of cocaine at time of shooting, admission of said evidence was still proper where presence of cocaine lent credence to defendant's testimony that plaintiff was evasive when confronted by defendant at store and acted in manner that justified instant shooting. Moreover, plaintiff waived issue that admission of said evidence was overly prejudicial under Rule 403 where plaintiff refused limiting instruction as to admission of said evidence.