Terrence Barber v. City of Chicago
725 F.3d 702
| 7th Cir. | 2013Background
- Barber, a 14-year-old, was arrested December 14, 2005 by Chicago officers Malaniuk and Shields for alleged disorderly conduct; he alleges false arrest and excessive force causing a facial injury.
- Officers deny claims, arguing Barber was intoxicated and fell; they maintained the injury occurred during processing.
- At trial, Barber testified he did not drink; the defense sought to impeach with Barber’s 2009 underage-drinking arrest and a 2010 possession-of-stolen-motor-vehicle (PSMV) conviction.
- The district court allowed cross-examination about the 2009 arrest to challenge the drinking denial and allowed questioning about the PSMV conviction to address emotional-distress damages.
- Limiting instructions were given directing that the 2009 arrest be considered only for truthfulness and the PSMV conviction only for damages; the jury returned a verdict for the officers and the court denied a new trial.
- The Seventh Circuit vacated the judgment, reversed the denial of a new trial, and remanded for a new trial due to these evidentiary errors.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether cross-examination about the 2009 underage-drinking arrest was proper impeachment. | Barber argues the arrest is not probative of truthfulness and improper as impeachment. | Defendants contend it shows Barber’s drinking behavior and is probative. | Abuse of discretion; improper impeachment by arrest; reversible error. |
| Whether cross-examination about the 2010 PSMV conviction for emotional distress was proper. | Barber argues the conviction is unfairly prejudicial and not probative of damages. | Defendants contend it is admissible to rebut emotional-distress claims. | Abuse of discretion; prejudicial and marginal probative value; reversible error. |
Key Cases Cited
- Michelson v. United States, 335 F.2d 469 ((1948)) (arrest alone does not impeach credibility; but exceptions exist)
- Sanchez v. City of Chicago, 700 F.3d 919 ((7th Cir. 2012)) (arrests may be probative to damages in some contexts but prejudicial impact matters)
- Taylor v. National Railroad Passenger Corp., 920 F.2d 1372 ((7th Cir. 1990)) (impeachment by contradiction on collateral matters; limitations)
- Kozinski, 16 F.3d 795 ((7th Cir. 1994)) (principles on admissibility of conduct evidence and collateral matters)
- Dilts, 501 F.2d 531 ((7th Cir. 1974)) (preference for avoiding unfair prejudice in admission of prior arrests)