Whitehead v. Bond, No. 11-2225 (7th Cir. 2012)
Annotate this CaseTwo officers stopped plaintiff’s adult son for a traffic violation and found crack cocaine in the car. Daniel attempted to flee, resulting in a physical altercation. Plaintiff, who lived close, was told by a neighbor, “you have to get down to the corner,” “they’re killing your son.” Plaintiff claims she was calmly asking about her son when she was accosted and arrested for no apparent reason. The officer testified that plaintiff was yelling, being aggressive, and leading the crowd in a charge, so they arrested her and placed her in the prisoner wagon for five to ten minutes before releasing her. In her suit under 42 U.S.C. 1983, the district court declined to exclude evidence of events that preceded her arrival and testimony that the events took place in a “high-crime area” and entered judgment for defendants. The Seventh Circuit affirmed, stating that the case boils down to a credibility contest that was properly reserved for resolution by the jury and upholding in the district court’s balancing of the probative value and prejudicial effect of the challenged evidence.
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