Perry v. City of Chicago, No. 10-3979 (7th Cir. 2013)Annotate this Case
Officers responded to reports of gunfire in a Chicago public housing complex. Two people stated that “gangbangers” were running guns and drugs into the building and pointed to apartment 501. No one answered when they knocked, so the officers entered the apartment with guns drawn. They found Perry and ordered him to get down against the wall, then searched the apartment, finding chunks of crack cocaine, clear Ziploc bags, and razor blades in a bedroom. Perry ran for the door, knocking an officer down. Perry claimed that he fled because the officers started punching him. Perry ran down to the third floor. Officer Keithley followed him, gun drawn, while Watts secured the apartment. Keithley testified that Perry popped out and rushed him, grabbed him, and tried to grab his gun. Keithley said he tried to punch Perry and his gun went off, striking Keithley in the arm. Perry again attempted to escape, knocking Keithley off-balance. Keithley shot at Perry while falling; one bullet struck Perry in the thigh, and another struck him in the back. Perry denied reaching for Keithley’s gun. Perry was acquitted of attempted murder, aggravated battery with a firearm, and disarming a peace officer. Perry filed civil rights claims against the officers and the city. A jury rejected his claims. The Seventh Circuit affirmed, rejecting claims of evidentiary errors.