Common v. City of Chicago, No. 09-2645 (7th Cir. 2011)
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After receiving a call from the owner, stating that a robbery suspect was in the store, a police officer fatally shot a man as he exited a convenience store. The decedent disregarded the officer's repeated commands to stop and turned away with his hands not visible, then grabbed at the officer's gun. After his family sued the officer and the city, a jury found that the officer had not used excessive force. The Seventh Circuit affirmed, upholding the district court ruling admitting into evidence that the decedent had drugs secreted in his mouth at the time of the shooting, which were discovered during an autopsy. The court noted the limited use of the evidence.
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