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- ilnd;;1:16-cv-01963_de700 RegisterActionDate "2020-11-17" @default.
- ilnd;;1:16-cv-01963_de700 RegisterActionDescriptionText "MINUTE entry before the Honorable Virginia M. Kendall. Defendants move to bar Plaintiff, his witnesses, and his counsel from offering testimony, evidence, argument, or reference any alleged deviation from Chicago Police internal policies 513 . Because the Monell claim has been severed, they claim, there is no probative value and would be overly prejudicial to the Jury. They cite to Thompson v. City of Chicago to say that the violation of internal police policies is inadmissible in section 1983 trial because they are immaterial. 472 F.3d 444, 455 (7th Cir. 2006). Thompson has frequently been misapplied to exclude all deviations from internal police orders and policies in civil rights trials. But Thompson held solely that it would be improper for Plaintiff to conflate a violation of an internal policy with a violation of constitutional law. It did not say that deviations from police standards were not relevant for other purposes. Fortunately, the Seventh Circuit has given courts guidance in how to read Thompson: "Despite its strong language, Thompson should not be understood as establishing a rule that evidence of police policy or procedure will never be relevant to the objective-reasonableness inquiry." United States v. Brown, 871 F3d 532, 537 (7th Cir. 2017) see also Cazares v. Frugoli, No. 13 CV 5626, 2017 WL 4150719, at *6 (N.D.Ill. Sept. 19, 2017). Noting that local procedure is less likely to provide insight into this inquiry than national practices, it left the decision to admit such evidence to the discretion of the trial Judge. Here, Plaintiff has introduced a police practices expert at the national level and intends to put into evidence how the practice of a supplemental report being maintained may not have properly occurred here. This type of evidence is relevant to the issues, Plaintiff's theory of the case, and will also be protected by the expert's explanation. As for the fear of prejudice to the Defendants, the Court will entertain a Thompson instruction during the jury instruction conference so that the Jury does not conflate any perceived violation with a Constitutional violation. Mailed notice (lk, ) (Entered: 11/17/2020)" @default.
- ilnd;;1:16-cv-01963_de700 AdministrativeID "700" @default.
- ilnd;;1:16-cv-01963_de700 OntologyLabel minute_entry @default.
- ilnd;;1:16-cv-01963_de700 hasReferenceToOtherEntry ilnd;;1:16-cv-01963_de513 @default.