Hall v. Jung, No. 15-2102 (7th Cir. 2016)
Annotate this CaseChicago Officer Jung, patrolling with his partner, approached “Maxwell Street Hot Dog Stand” and saw a woman run into traffic waving her hands, her face covered in blood. She stated that her husband had struck her and pointed toward Hall, to identify her husband. Jung parked, and walked toward Hall. Hall did not comply with Jung’s commands to “stop, put his hands behind his back, calm down, [and] stop screaming.” Jones grabbed Hall. who attempted to twist away; his momentum caused him to fall. After he was in handcuffs, Hall continued to resist and again fell to the ground. Hall did not complain of pain or indicate that his arm was injured. Hours later at the police station, Hall complained of pain; he was taken to the hospital, where doctors discovered his arm was fractured. The entire arrest was captured on video. Hall pleaded guilty to resisting arrest, but filed suit, claiming excessive force, assault, and battery. During discovery, the magistrate set a deadline for Hall to disclose his expert witness (FRCP 26(a)(2)). Hall failed to provide the expert’s report and did not respond to Jung’s motion to strike. The magistrate barred Hall from presenting the expert. The Seventh Circuit affirmed a verdict in Jung’s favor, rejecting challenges to evidentiary rulings because Hall failed to provide transcripts memorializing proceedings regarding three rulings. Hall’s fourth challenge did not warrant reversal.
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