Burton v. City of Zion

In section 1983 action alleging that police officials employed by defendant-City used excessive force when attempting to arrest plaintiff on warrant for driving on suspended license, Dist. Ct. erred in granting defendant’s motion in limine to preclude plaintiff from presenting evidence that arresting officer had been involved in incident that occurred 5.5 years earlier in which said officer had handcuffed and tased plaintiff and which plaintiff had filed federal lawsuit against said officer as well as others and had obtained settlement from defendant. Dist. Ct. improperly viewed plaintiff’s proposed testimony as propensity evidence that was inadmissible under Rule 404(b) and used four-part test in doing so that had been rejected in favor of rule-based approach under Gomez, 763 F.3d 845. Moreover, plaintiff’s proposed evidence was relevant to show that arresting office knew that plaintiff had previous frightening encounter with him that could explain why plaintiff did not immediately stop her car when directed to do so and exited car away from said officer once plaintiff had eventually reached her destination. On remand, Dist. Ct. must weigh probative value of said evidence against potential prejudice, although Ct. noted that curative instructions to jury may be sufficient to allow use of proposed testimony.