By: Derek Hawkins//October 25, 2016//
7th Circuit Court of Appeals
Case Name: William Viramontes v. City of Chicago, et al
Case No.: 15-2826
Officials: BAUER, KANNE, and HAMILTON, Circuit Judges.
Focus: Excessive Force – 4th Amendment Violation
William Viramontes was convicted in Illinois state court of aggravated assault and resisting arrest. Despite the conviction, Viramontes filed this § 1983 suit against the officers involved in the altercation alleging that they used excessive force in violation of his Fourth Amendment rights. The jury returned a verdict for the officers. Viramontes sought a new trial for two reasons: (1) because the district court instructed the jury that it had to take as true the facts underlying the state‐court conviction, and (2) because defense counsel made improper statements during closing argument. The district court denied the motion, holding that the jury instruction was proper and that, although defense counsel’s statements during closing argument were improper, they did not warrant a new trial. We agree and affirm.
Affirmed