Volland-Goland v. City Of Chicago

89 F.Supp.3d 983 (2015)

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Nature of the Case

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Facts

P claims that while he was driving on a side street near his home Officers stopped him without any reasonable suspicion and after arguing with the Officers he said he was going to call their supervisor. The Officers prevented him from doing so by spraying him with pepper spray, dragging him from the car, beating him while he was handcuffed, and then arresting him. P asserts that the Officers then filed false police reports to the effect that P had accosted them, which in turn caused the State of Illinois and the City to bring false charges against him. The Officers claimed they stopped P because he was driving on the wrong side of the street, that he was hostile when the Officers approached his car, refusing to produce his driver's license, and that he reached out of his car window to push one of the Officers. The Officers then executed an arrest of P, which required the use of pepper spray and a takedown maneuver due to his physical resistance to their attempts to remove him from the car and handcuff him. The City (D) dismissed its charges that P had committed a traffic violation and disobeyed a police officer. P stood trial before a jury on the charges of resisting a peace officer and simple battery. P testified at length about his version of events and a Cook County Assistant State's Attorney cross-examined him, asking about 80 distinct questions. P was acquitted on all charges. P filed this lawsuit. On May 31, 2014, he died of natural causes. P's estate has moved to admit his testimony in the 2013 criminal trial as evidence in the trial of this action. Ds counter that P's testimony at the criminal trial is hearsay not falling within an exception.