Byron Christmas v. City of Chicago, 682 F.3d 632

Christmas and Banks were arrested on August 27, 2007, for alleged drug offenses; they were acquitted in a bench criminal trial.
Plaintiffs filed a federal civil rights and state-law claims against the City of Chicago and six officers in August 2008.
Litigation included motions in limine to bar certain 911 call evidence; the district court initially limited, then allowed some testimony about 911 dispatches.
At trial starting February 22, 2010, defendants presented witnesses and references to 911 calls; plaintiffs objected to evidentiary rulings and comments, and the court issued curative instructions when needed.
The jury returned verdicts in favor of defendants on all claims; plaintiffs moved for mistrial and for a new trial, which the district court denied, leading to the appeal.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether opening remarks referencing 911 calls violated rulings.	Christmas argues the references violated in limine rulings and prejudiced trial.	Rulings did not bar references; statements were proper and curable.	No abuse; proper references under rulings and curative instructions mitigated prejudice.
Whether witnesses violated evidentiary rulings warrant a new trial.	Loaiza testimony about prior dispatches violated court rulings; it biased the trial.	Any violations were waived or cured; objections were not timely and preserved.	No abuse; waiver and lack of timely objection support denial of new trial.
Whether cumulative effects of alleged errors required a new trial.	Combined errors deprived plaintiffs of a fair trial.	Courts narrowly review; conduct cured by curative instructions and no substantial influence on verdict.	No reversible error; cumulative impact not sufficient for new trial.

United States v. Lauderdale, 571 F.3d 657 (7th Cir. 2009) (abuse-of-discretion review for mistrial and fairness standard)
Schimmel v. United States, 943 F.2d 802 (7th Cir. 1991) (admissibility of evidence and prejudice considerations)
Soltys v. Costello, 520 F.3d 737 (7th Cir. 2008) (opening statements not automatically reversible when evidence later admitted)
Mealy, 851 F.2d 890 (7th Cir. 1988) (jury presumed to follow judge's instructions to disregard improper comments)
Spicer v. Rossetti, 150 F.3d 642 (7th Cir. 1998) (limits on attorney conduct in closing arguments and prejudice analysis)