Wells v. Coker

Dist. Ct. erred in granting defendants-police officials’ motion for summary judgment in section 1983 action alleging that defendant-police officer’s decision to shoot plaintiff after plaintiff discharged firearm in New Year’s Eve celebration violated plaintiff’s constitutional rights where Dist. Ct. found that defendant’s guilty plea to reckless conduct charge arising out of same incident judicially estopped plaintiff from denying that he pointed gun at officer prior to officer shooting plaintiff. Judicial estoppel did not apply where defendants could not show that plaintiff “prevailed” in prior criminal matter by pleading guilty to criminal charge where he received two-year probation term, as well as two-day jail sentence on said charge. Moreover, collateral estoppel did not apply because allegation in charged offense that plaintiff pointed gun at officer was not necessary to establish reckless conduct charge where other allegation that defendant shot firearm in air could have supported said guilty plea. Also, while Illinois courts allow defendants to introduce evidence of guilty plea, plaintiff has opportunity to explain and contradict facts underlying guilty plea.