Harden v. Hillman, No. 20-5056 (6th Cir. 2021)
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At 1:20 a.m., Harden, an African-American, went to buy beer at a Thornton store, where a uniformed Heritage Creek police officer, Hillman, provided security. The clerk told Harden, “I think you’ve had too much to drink already.” Harden left but returned. Hillman allegedly slammed him down onto the floor. Harden requested medical attention and was transported to the hospital, where he was cited for disorderly conduct, resisting arrest, and public intoxication, then released. The charges were dismissed after Hillman failed to appear.
Harden's claims against Thornton and Heritage Creek were dismissed. Harden’s excessive force claim against Hillman was rejected by a jury. Harden first unsuccessfully sought a new trial based on the court’s refusal to order the Marshals Service to serve his subpoenas and on Hillman’s counsel allegedly making improper arguments to the jury.
Harden’s counsel obtained permission to contact a juror post-trial. That juror claimed that Harden did not get a fair trial because of his race and that another juror concealed from the judge that he was related to a police officer. The court denied Harden’s second motion for a new trial.
The Sixth Circuit affirmed summary judgment on Harden’s claim that he was arrested without probable cause and the order denying Harden’s first motion for a new trial but vacated the denial of the second motion. The juror’s affidavit showed that jurors made statements exhibiting overt racial bias that cast serious doubt on the fairness and impartiality of the jury’s deliberations and resulting verdict.
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