Sanders-El v. Wencewicz

987 F.2d 483 (8th Cir. 1993)

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Nature of the Case

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Facts

Police officers stopped the car driven by 22-year-old Sorkis Sanders-El (P) pursuant to a warrant for his arrest. As one of the officers was closing the door of the vehicle, Sanders-El kicked it open and fled while still handcuffed. When P was re-apprehended, a struggle ensued during which Sanders-El sustained injuries to his eye, face, and head. P filed an action excessive force. The first trial ended in a mistrial and the second ended with a verdict in favor of Ds. P appealed on a number of grounds, but the most substantial was on intentional prejudicial conduct of defense counsel -- when cross-examining the plaintiff about prior criminal convictions, dramatically dropped a lengthy computer printout in front of the jury. Counsel for defense conducted this piece of theatrics despite pretrial discussions in which the court indicated its intention not to admit such evidence. After objections by both the plaintiff and his counsel, the court excused the jury and admonished defense counsel against a repetition of the display. Plaintiff moved the court for sanctions and a mistrial, and the court denied the motion.