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Excessive Force – 4th Amendment Violation

By: Derek Hawkins//October 25, 2016//

Excessive Force – 4th Amendment Violation

By: Derek Hawkins//October 25, 2016//

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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

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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.

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