Mitchell v. City of Chicago

In action alleging that defendants-police officials used excessive force when shooting and killing plaintiff’s decedent during traffic stop, Dist. Ct. did not err in quashing defendant’s subpoena issued to Ill. State Police and in excluding evidence that Ill. State Police had failed to test DNA swabs taken from gun that was attributed to defendant at scene of shooting. Only issue for jury’s resolution was whether defendants were justified in shooting decedent, whom defendants claimed had shot at them, and lack of DNA evidence would not tend to prove or disapprove defendants’ justification. Moreover, while DNA evidence likely would have been relevant, neither govt. nor defendant had sought to test swabs taken from gun, and defendant waited several months after discovery deadline to issue instant subpoena.