Parish v. City of Elkhart, IN, No. 11-1669 (7th Cir. 2012)
Annotate this CaseOn Halloween 1996, Parish, age 20, was arrested by Elkhart police as he prepared to take his three children trick-or-treating, and charged with attempted murder and armed robbery. No physical evidence tied Parish to the crime. Based mainly on eyewitness testimony, the jury convicted Parish. For eight years, Parish pursued appeals. In 2005, the appellate court ordered a new trial based on his attorney’s failure to properly investigate and introduction of an improper jury instruction. Parish was then 30 years old. The government offered a plea that involved no additional jail time, but Parish refused. The government then dismissed the case. Parish sued under 42 U.S.C. 1983. The jury found in favor of Parish, but awarded only $73,125 in compensatory damages and $5,000 in punitive damages. In his unsuccessful motion for a new trial, Parish presented evidence that the average jury award was nearly $950,000 per year of wrongful imprisonment. The Seventh Circuit reversed, noting that the court admitted testimony of eyewitnesses identifying Parish, but refused to allow Parish to present significant evidence that he was not guilty, including identification of other individuals as possible perpetrators, and recantations by the eyewitnesses.
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