Morrow v. May

Record contained sufficient evidence to support jury’s verdict in favor of defendants-police officers in section 1983 action alleging that defendants subjected plaintiff to false arrest and malicious prosecution arising out of plaintiff’s arrest in felony drug possession charge after defendant-officer had observed plaintiff making three drug sales in neighboring vacant lot where others facilitated said sales. Plaintiff’s testimony, that defendant-officer had fabricated circumstances of plaintiff's arrest in officer's quest to join drug squad, contained many inconsistencies, and plaintiff’s counsel’s questions about existence of gangs in neighborhood supported defendants’ claim that drug dealing was occurring at time of plaintiff’s arrest. Moreover, Dist. Ct. did not commit reversible error in excluding plaintiff’s proffered pictures of arrest scene, where certain excluded photographs actually supported officer’s testimony that he had witnessed drug sales. Also, Dist. Ct. did not err in denying plaintiff’s request to impeach officer with unrelated accusations that officer had miscounted drug evidence and used abusive language in unrelated incidents, where officer was not reprimanded for either incident.