Devaris Perry v. City of Chicago
2013 U.S. App. LEXIS 21681
| 7th Cir. | 2013Background
- Perry was arrested after Chicago police, responding to gunfire reports at 527 East Browning, entered apartment 501 and found Perry there.
- Perry fled during the arrest; Keithley and Watts testified about Perry’s actions and the ensuing shooting, with Perry claiming Keithley or Watts shot him.
- Perry was charged criminally but acquitted in July 2009 of attempted murder, aggravated battery with a firearm, and disarming a peace officer.
- Perry sued Keithley, Watts, and the City under 42 U.S.C. § 1983 and Illinois law for civil rights violations; Watts and the city were later dismissed or not at issue at trial.
- Before trial, the court limited Perry’s criminal background evidence to a 2004 conviction and related parole status; alias use in the 2007 arrest was debated at sidebar.
- On the trial’s first day, Perry was escorted by uniformed guards; a juror later observed Perry in handcuffs, and the court addressed the incident to prevent juror contamination.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether alias testimony violated the in limine ruling | Perry | Keithley/City | No abuse; alias testimony permissible under context and ruling |
| Whether gang-related testimony violated the in limine ruling | Perry | Keithley/City | Abuse of discretion not shown; testimony did not expressly reference Perry’s gang membership |
| Whether visible guards and handcuffs violated Perry's rights | Perry | Keithley/City | Plain error review denied; no objecting error shown and no miscarriage of justice |
Key Cases Cited
- Luce v. United States, 469 U.S. 38 (Supreme Court 1984) (review of in limine rulings in trial courts)
- Farfaras v. Citizens Bank & Trust of Chi., 433 F.3d 558 (7th Cir. 2006) (abuse of discretion standard for evidentiary rulings)
- Common v. City of Chicago, 661 F.3d 940 (7th Cir. 2011) (standard for reviewing evidentiary decisions in civil cases)
- Willis v. Lepine, 687 F.3d 826 (7th Cir. 2012) (abuse of discretion in admission of evidence; harmless error considerations)
- Aldridge v. Forest River, Inc., 635 F.3d 870 (7th Cir. 2011) (abuse-of-discretion standard for limine-related rulings)
- Kafka v. Truck Ins. Exchange, 19 F.3d 383 (7th Cir. 1994) (exceptional circumstances and plain-error review considerations)
- Stringel v. Methodist Hosp. of Indiana, Inc., 89 F.3d 415 (7th Cir. 1996) (plain-error review framework in civil trials)
- Estate of Moreland v. Dieter, 395 F.3d 747 (7th Cir. 2005) (exceptional-circumstances plain-error analysis in civil cases)