Cobige v. City of Chicago, Ill.
651 F.3d 780
7th Cir.2011Background
- Patricia Cobige died in a police lockup from a heart arrhythmia after prolonged abdominal pain while in custody; expert testimony linked untreated pain to a lethal epinephrine surge given Cobige's ventricular hypertrophy.
- Four officers allegedly ignored Cobige's pain reports; one officer allegedly deterred disclosure of pain to prevent medical care.
- Cobige never received medical attention during confinement; post-mortem found uterine tumors suggesting prior pain episodes.
- Maurice Cobige, as Patricia's son and special representative, pursued wrongful-death and §1983 claims seeking compensatory and punitive damages; City indemnified officers for compensatory damages.
- Jury awarded $5,000,000 in compensatory and $4,000 in punitive damages; district court denied post-trial motions and excluded certain defense evidence under Rule 404(b) and 609.
- On appeal, court affirms liability and punitive damages but vacates compensatory damages and remands for a new trial limited to damages.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether evidence supported causation for §1983 claim | Cobige's pain episodes caused fatal spike in epinephrine given heart condition. | Pain did not causally lead to death; death occurred during sleep. | Causation for §1983 jury question; not dismissed as a matter of law. |
| Whether exclusion of drug/arrest evidence affected damages | Excluding Cobige's drug history overstated damages. | Evidence relevant to damages; admissibility proper. | Exclusion erroneous; new trial limited to damages. |
| Whether admission of hospital-care expectation expert testimony was proper | Dr. Fintel's hospital-care expectation was within medical expertise. | Testimony weight contested; admissible. | Testimony proper; weight for jury. |
| Whether verdict form ambiguity required retrial of all damages | Split compensatory amounts could be blended; total unclear. | Alternative awards possible; only damages should be retried. | New trial limited to compensatory damages; liability/punitive affirmed. |
| Whether Rule 403/404(b) errors warranted remand | Exclusion ran afoul of damages calculation. | Evidence probative of loss; not unfair prejudice. | Error in exclusion required new trial on damages. |
Key Cases Cited
- Colonial Inn Motor Lodge ex rel. Cincinnati Insurance Co. v. Gay, 288 Ill.App.3d 32 (Ill.App.3d 1997) (eggshell skull rule applied to liability for all damages)
- Portis v. Chicago, 613 F.3d 702 (7th Cir. 2010) (evidence timing and police procedures affect weight of medical-proof testimony)
- Thomas v. Cook County Sheriff’s Department, 604 F.3d 293 (7th Cir. 2010) (damages verdict form ambiguity; guidance for retrial structure)
- Pleasance v. Chicago, 396 Ill.App.3d 821 (Ill.App.3d 2009) (emotional damages and familial ties as damages evidence in Illinois)