Parish v. City of Elkhart, Indiana

Plaintiff was entitled to new damages hearing in section 1983 action alleging that he was subjected to wrongful conviction on attempted murder and armed robbery charges based on police officials’ misconduct in using suggestive photo lineup and unconventional solicitation of multiple statements to falsely implicate plaintiff in charged offenses. Jury awarded plaintiff only $73,125 in compensatory and $5,000 in punitive damages to cover plaintiff’s eight years of wrongful incarceration, and Dist. Ct.’s improper refusal to allow plaintiff ability to present evidence of actual innocence had likely impact on jury’s low damages award.