Justia U.S. 7th Circuit Court of Appeals Opinion Summaries

Colbert v. City of Chicago

By
Crutcher was incarcerated for robbery, unlawful use of a weapon by a felon, aggravated discharge of a firearm at an occupied vehicle, and mob action. Crutcher was released but returned to prison for domestic battery. Weeks later, he was discharged on supervised release. Chicago police received a tip about guns at Crutcher's residence. Officers and Crutcher's parole agent performed a compliance check at 6:30 AM. Crutcher saw the officers and called Colbert (his brother and housemate) at work. Crutcher took several minutes to open the door. Officers handcuffed Crutcher. Colbert arrived and was handcuffed. Neither was permitted to observe the search. Colbert claimed the officers pulled out insulation, put holes in the walls, ripped the couch, and broke hinges. Colbert did not provide any evidence of the residence’s pre‐search condition and could not identify the officers who allegedly damaged his property. Colbert stated that a locked room was his bedroom. He claims an officer wrestled him to the ground and took his keys. The officers found an unregistered shotgun, a handgun case, and ammunition in the closet. Colbert admitted that he owned both firearms. The officers arrested both men. The arrest report stated: After being Mirandized ...[Crutcher] stated that he had full knowledge of the firearm … but ... it was OK because it was his brother’s. Crutcher, denies that statement. Crutcher was found not guilty of being an armed habitual criminal and unlawful possession of a firearm by a felon. Unregistered firearm charges against Colbert were dismissed. The Seventh Circuit affirmed dismissal of the brothers' civil rights suit. View "Colbert v. City of Chicago" on Justia Law