Galvan v. Norberg
2012 U.S. App. LEXIS 9217
| 7th Cir. | 2012Background
- Galvan sued Chicago officers Norberg and Lucas under §1983 for false arrest, false imprisonment, and related claims stemming from a traffic stop, a search, and an arrest for marijuana; jury found for defendants; Galvan moved for a new trial; Judge Shadur granted a new trial but did not allow defense responses and later recused; Judge Chang reinstated the jury verdict after reconsideration; ruling upheld on appeal.
- Factual tip: Lucas testified an anonymous tip described two Hispanic males in a shiny black pickup with approximately 200 pounds of marijuana, driving near Pulaski Ave and Irving Park Rd around 4–6 pm; variations exist in ages and gender between trial, deposition, and other witnesses.
- Police observed offenses (traffic violation) and recovered two bags of plant material; officers believed marijuana based on smell and visual appearance, but later lab reports indicated the material was not marijuana; a chain of testimony and case reports allegedly misrepresented directions of a transfer of bags.
- Lab results eventually showed the bales were not marijuana; a lab report was allegedly not received by all officers; Galvan remained jailed during preliminary hearings; charges were dismissed after lab results were obtained.
- Judge Chang concluded the new-trial order was properly reconsidered and the verdict was not against the manifest weight of the evidence; a credible evidentiary basis supported Lucas’s receipt of the tip and the officers’ actions; the jury’s credibility determinations were entitled to deference.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Judge Chang properly reconsidered the non-final new-trial order | Galvan argues Judge Chang exceeded authority | Defendants argue authority to reconsider non-final order | Chang did not abuse discretion; authority to reconsider non-final order exists |
| Whether reinstating the jury verdict was not against the manifest weight of the evidence | Galvan contends the tip was fabrication and credibility issues undermine verdict | Defendants argue evidence supported tip receipt and corroborating testimony | Verdict not against the manifest weight; sufficient corroboration and credibility findings support the verdict |
Key Cases Cited
- Allied Chem. Corp. v. Daiflon, Inc., 449 U.S. 33 (U.S. 1980) (non-final order may be revised before judgment)
- Harris, United States v., 531 F.3d 507 (7th Cir. 2008) (law of the case is discretionary in reconsideration)
- Mejia v. Cook Cnty., 650 F.3d 631 (7th Cir. 2011) (clear standard for weight-of-evidence review; deference to jury)
- Latino v. Kaizer, 58 F.3d 310 (7th Cir. 1995) (weight-of-evidence standard governs new-trial motions)
- King v. Harrington, 447 F.3d 531 (7th Cir. 2004) (new trials proper only when record shows miscarriage of justice)
- Christianson v. Colt Indus. Operating Corp., 486 U.S. 800 (U.S. 1988) (law-of-the-case doctrine; discretionary application)
- Avitia v. Metro. Club of Chicago, Inc., 49 F.3d 1219 (7th Cir. 1995) (law-of-the-case; discretionary robustness)