Jury Instructions

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7^th Circuit Court of Appeals

Case Name: Dallas Green v. Cory Junious, et al.

Case No.: 17-1784

Officials: FLAUM, MANION, and SYKES, Circuit Judges.

Focus: Jury Instructions

In November 2010 Dallas Green was walking through a Citgo parking lot late at night when an unmarked Chicago police vehicle turned into the lot. He began to run as the vehicle approached, arousing the suspicion of the four officers inside. One officer chased him on foot and saw him drop and pick up a handgun. Green fled into a residential neighborhood, where another officer picked up the chase and caught up with him in the backyard of a home. In the officer’s version of the story, Green began to raise a gun in his direction, and the officer fired five shots in response, wounding Green in the hand and chest. Green denied that he had a gun at any time on the night in question.

At the time of these events, Green was on probation for a felony drug conviction. A Cook County circuit judge revoked his probation, finding that Green possessed a gun during this encounter. Green thereafter sued the officers and the City of Chicago for damages under 42 U.S.C. § 1983 alleging a multitude of federal constitutional and state‐law violations. The claims against the officers proceeded to trial, but only one—a Fourth Amendment excessive‐force claim against the officer who shot him—was ultimately submitted to the jury. The jurors returned a verdict for the officer. Green moved for a new trial, arguing primarily that the district judge improperly instructed the jury that the state court’s gun‐possession finding was conclusive on that factual point. The judge denied the motion.

We affirm. The contested jury instruction was sound. Green’s excessive‐force claim was premised on his contention that he was unarmed during this encounter. But the state judge found that he had a gun, and that finding has preclusive effect here. Green raises other claims of error but none has merit.

Affirmed

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Derek A Hawkins is trademark corporate counsel for Harley-Davidson. Hawkins oversees the prosecution and maintenance of the Harley-Davidson’s international trademark portfolio in emerging markets.