Tolliver v. City of Chicago

Dist. Ct. did not err in granting defendant-police officer’s motion for summary judgment in section 1983 action, alleging that defendant-arresting officer used excessive force when arresting plaintiff on drug charges, when arresting officer shot plaintiff in plaintiff’s vehicle prior to his arrest. Record showed that plaintiff had pleaded guilty to charge of aggravated battery of police officer arising out of said incident. Accordingly, plaintiff could not proceed on his excessive force claim under Heck, 512 US 477, since plaintiff’s allegations in instant section 1983 claim would undermine factual basis of his aggravated battery of police officer conviction, where plaintiff admitted in plea colloquy that he drive his car towards arresting officer, under circumstances where arresting officer injured his ankle when trying to get out of the way from plaintiff’s car, and where arresting officer was in fear of his safety prior to firing shots at plaintiff.