Sanchez v. City of Chicago

In section 1983 action by plaintiff alleging that defendant-police officer lacked probable cause to arrest him on DUI charge and used excessive force when arresting him, Dist. Ct. did not err in rejecting plaintiff’s proposed jury instruction that informed jury that although he had been convicted of DUI charge, he had pending petition for leave to appeal from denial of his related post-conviction petition, where Dist. Ct. gave instruction informing jury that it had been conclusively proven that plaintiff had been driving under influence of alcohol on day of his arrest. All elements of collateral estoppel had been met when Ill. Supreme Ct. denied plaintiff’s petition for leave to appeal on his direct appeal on DUI conviction, and although plaintiff could properly argue in Dist. Ct. that he did not have full and fair opportunity to argue issues in his post-conviction that challenged his criminal conviction, Ill. Supreme Ct. eventually denied leave to appeal from denial of post-conviction petition. As such, any error with respect to Dist. Ct.’s failure to consider issues in post-conviction petition before giving his criminal conviction preclusive effect was harmless. Also, Dist. Ct. could properly preclude plaintiff from introducing portion of arrest report indicating that he was not visibly under influence of alcohol five hours after his arrest, where said evidence could not have affected outcome of trial, where other evidence at time of arrest strongly showed that plaintiff was intoxicated. Too, Dist. Ct. could enter partial verdict in instant section 1983 action, where jury could not reach verdict on remaining count against different defendant-police officer based on unrelated incident arising out of plaintiff's incarceration.