Federal 7th Circuit Court
Civil Court
Peremptory Challenge
In section 1983 action in which plaintiff received $25 million judgment based on allegations that defendants-police officer and City violated plaintiff’s due process rights by using coercive tactics to convince witnesses to falsely identify plaintiff as culprit in murder charge, Dist. Ct. did not commit reversible error in sustaining plaintiff’s Batson objection to peremptory challenge used by defendants against African-American juror, where defendants conceded that they could not show that any biased juror sat on instant jury as result of any Batson error. Additionally, defendant waived any issue regarding Dist. Ct.‘s denial of defendants’ motion for judgment as matter of law based on plaintiff’s failure to introduce into evidence entire transcripts of his original criminal trial, where defendant failed to raise said issue in Dist. Ct. Moreover, Dist. Ct. did not err in allowing plaintiff’s expert to testify on reasonable police practices, where said testimony was not tantamount to legal conclusion, and where expert did not offer opinion on credibility of other witnesses.