Lindsey v. Macias

Four Chicago police officers received an emergency call about a “male with a gun,” and arrived on scene at about 3:35 a.m. An unidentified man on the porch directed them to the first floor apartment, stating only, “He’s in there.” Upon entering, they encountered approximately 10 people milling around; one stated, “The man with the gun is in the back. He pointed it at my face.” When Officer Gentile looked up, a man saw him and fled into the first floor bedroom, slamming the door. After announcing their presence and knocking, the officers opened the bedroom door and saw Lindsey sitting on a mattress next to a woman. Gentile found a gun on the bedroom floor, about two feet in front of Lindsey. None of the officers saw the gun on Lindsey’s person. The state dismissed criminal charges against Lindsey for unlawful possession of a weapon. Lindsey filed suit, claiming false arrest, excessive force, false imprisonment, and malicious prosecution under 42 U.S.C. 1983. The Seventh Circuit affirmed a verdict rejecting all of his claims. The district court was within its discretion in denying the jurors’ request for a copy of a potentially impeaching interrogatory answer and in refusing to modify its jury instruction on “possession” to stress that “mere proximity” to a gun is insufficient. View "Lindsey v. Macias" on Justia Law