Parish v. City of Elkhart, Indiana

Federal 7th Circuit Court
Civil Court
Case Number: 
No. 11-1669
Decision Date: 
December 20, 2012
Federal District: 
N.D. Ind., S. Bend Div.
Affirmed and vacated in part and remanded
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.