Viramontes v. City of Chicago

In section 1983 action alleging that defendants-police officials used excessive force during plaintiff's arrest on charges of aggravated assault and resisting arrest, Dist. Ct. did not err in instructing jury that due to fact that plaintiff had been found guilty of aggravated assaulting and resisting arrest in prior criminal proceeding, it was required to accept that plaintiff had swung at direction of police officer and missed, as state court had previously found. Instruction was consistent with holding in Gilbert, 512 F.3d 899, which found that jury must be told that it must take as true facts proved at earlier criminal proceeding, and Ct. rejected plaintiff’s contention that jury instruction was erroneous because it relied on state court’s factual findings instead of language in criminal complaint. However, Dist. Ct., in citing to instant jury instruction, erred in precluding plaintiff from impeaching govt. witness with respect to statement officer made at prior criminal proceeding, since plaintiff was entitled to impeach said witness for inconsistencies in his testimony. However error was harmless, where officer’s prior testimony at criminal trial was consistent with state court’s factual findings. Also, while prosecutor erred in commenting on plaintiff’s prior conviction and in vouching for credibility of govt. witnesses, Dist. Ct. did not err in denying plaintiff’s motion for new trial, where said comments were brief, and where Dist. Ct. gave curative instructions.