Wilson v. City of Chicago

In section 1983 and wrongful death actions alleging that defendants-police officials used excessive force when responding to 911 call by shooting decedent, who had been diagnosed as schizophrenic, where decedent, with knife in hand, had lunged at defendant police officer, Dist. Ct. did not err in requiring plaintiff to prove that officer lacked justification to shoot decedent. Fact that defendants did not raise justification affirmative defense did not require different result, where plaintiff was required prove existence of willful and wanton battery. Dist. Ct. also did not err in: (1) admitting evidence of decedent’s alcohol use where said evidence was relevant in jury’s assessment on loss of society claim; and (2) admitting evidence that decedent had knife taped to his leg, even though responding officer was unaware of said knife at time of shooting, since said evidence suggested that decedent was prepared for battle and acted aggressively.