Larry Nelson v. City of Chicago
2016 U.S. App. LEXIS 959
| 7th Cir. | 2016Background
- Nelson was stopped at a gas station by four Chicago police officers who later testified they had no recollection of the stop, while Nelson claimed the officers drew a gun, yelled, and handcuffed him during a 2008 traffic stop.
- The officers used squad-car LEADS databases to run Nelson’s name; the searches showed no warrants or grounds for arrest.
- Nelson sued under 42 U.S.C. § 1983, alleging Fourth Amendment seizure and search violations; a jury ruled for the officers and city.
- During trial, the court admitted evidence of Nelson’s prior arrests and his other suits against Chicago, and allowed one officer to give general, hypothetical “background” testimony about when guns and handcuffs might be used during stops.
- Judgment was reversed and remanded for a new trial due to evidentiary errors, including the improper admission of prior arrests, other lawsuits, and the officer’s background testimony.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Admissibility of prior arrest history | Nelson’s arrests were irrelevant or prejudicial and should be excluded | Arrests impeach credibility or show fear of police | Admissibility reversed; error not harmless; new trial required |
| Admissibility of Nelson's other lawsuits against the City | Litigation history is not probative of damages or credibility | Litigation history supports damages and credibility mitigation | Admissibility reversed; prejudice substantial; new trial required |
| Admission of Officer Novotny’s background testimony | Background testimony improperly suggests dangerous circumstances lacking factual basis | Testimony offered to contextualize officer procedures and credibility | Admissibility reversed; cumulative prejudice; new trial required |
Key Cases Cited
- Barber v. City of Chicago, 725 F.3d 702 (7th Cir. 2013) (false-arrest context; admission of prior-arrest evidence not harmless in tono)
- Barber v. City of Chicago, 725 F.3d 702 (7th Cir. 2013) (limiting instruction insufficient to cure prejudice from prior-arrest evidence)
- Thompson v. City of Chicago, 722 F.3d 963 (7th Cir. 2013) (impeachment and credibility considerations in police misconduct cases)
- United States v. Boswell, 772 F.3d 469 (7th Cir. 2014) (impeachment and Rule 403 considerations)
- Michelson v. United States, 335 U.S. 469 (1938) (arrest alone does not imply untruthfulness; specific conduct matters)
- Sanchez v. City of Chicago, 700 F.3d 919 (7th Cir. 2012) (harmless-error evaluation in evidentiary rulings; distinguished on facts)
- Mathis v. Phillips Chevrolet, Inc., 269 F.3d 771 (7th Cir. 2001) (litigiousness probative value limited; bias concerns)
- Gastineau v. Fleet Mortgage Corp., 137 F.3d 490 (7th Cir. 1998) (admissibility considerations for prior acts under Rule 404(b))
- Simplex, Inc. v. Diversified Energy Sys., Inc., 847 F.2d 1290 (7th Cir. 1988) (habit evidence standards and admissibility)