Sanchez v. City of Chicago, No. 10-3801 (7th Cir. 2012)
Annotate this CaseSanchez testified that he, José, and friends were outside of José’s house when three unmarked police cars pulled up. Officers demanded to know what the men were doing and ordered them to empty their pockets for a pat-down. Officer Caballero seized keys and walked toward the dwelling. Sanchez protested. A swearing match ensued and Sanchez was handcuffed. Caballero nodded at officers who forced Sanchez to the pavement. Sanchez testified that the officers hit and kicked him. José called 911. The police left the scene without arresting anyone. The officers testified that they had tried to break up a fight between Sanchez and Jose; they filed contact cards without mention of a fight. Caballero wrote that José was “loitering”; Peterson wrote that Sanchez “made a suspicious movement as if to conceal something.” Sanchez sued under 42 U.S.C. 1983, alleging false arrest, excessive force, and failure to intervene in misconduct of another. A jury found in defendants’ favor. The Seventh Circuit affirmed. Although the parties and the court apparently misapprehended the prospective liability of defendants for the acts of unnamed officers, and the jury was not properly instructed as to the potential liability of officers for failing to intervene, none of the errors warranted reversal.
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