Duran v. Town of Cicero, Illinois

In section 1983 action alleging that defendants (Town of Cicero and its police officers) used excessive force, violated plaintiffs' due process and equal protection rights and subjected plaintiffs to false arrest and malicious prosecution arising out of neighborhood disturbance that resulted in street brawl, Dist. Ct. erred in denying defendants' motion to amend judgment in favor of plaintiffs to reflect that Town and its officers were jointly and severally liable for damages awarded to plaintiff. Record showed that jury instruction improperly submitted issue of Town's liability where Town had previously stipulated that its officers were acting within scope of their employment, and jury's separate calculation of damages as to each police officer, as well as to Town produced double recovery windfall for plaintiffs. Fact that Town had submitted erroneous jury instruction did not constitute waiver of issue.