Excessive Force – New Trial

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7^th Circuit Court of Appeals

Case Name: Donna Flournoy v. City of Chicago, et al

Case No.: 14-3776

Officials: KANNE and MANION, Circuit Judges, and PEPPER, District Judge.*

Focus: Excessive Force – New Trial

Jury verdict was reasonable, and court did not err or abuse its discretion on evidentiary matters. Appellant was afforded a fair trial, negating the need for a new one.

“More to the point, though, the jury’s statement does not undermine the verdict because the statement is a gratuitous observation that is immaterial to the verdict’s validity. Indeed, “[f]ederal courts have long held that additional jury notations that are not directly responsive to the jury charge and verdict form are surplusage, and are to be ignored.” Great Pines Water Co. v. Liqui-Box Corp., 203 F.3d 920, 924, 924 n.10 (5th Cir. 2000) (collecting cases); see also Freeman v. Franzen, 695 F.2d 485, 490 (7th Cir. 1982) (citations omitted) (“Ordinarily a recommendation from the jury is disregarded, and does not impeach the validity of the verdict.”). Accordingly, the jury’s note is not evidence of impropriety and does not warrant a new trial.”

Affirmed

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.