Galvan v. Norberg, No. 11-2319 (7th Cir. 2012)
Annotate this CasePetitioner was arrested after a traffic stop and vehicle search. Charges were dropped when lab results revealed that plant material found in the vehicle was not marijuana. Petitioner filed suit under 42 U.S.C. 1983, claiming the officers lacked probable cause. The officers claimed to be following up on an anonymous tip. A jury returned a verdict in favor of the officers. The judge granted petitioner's motion for a new trial, without giving the officers an opportunity to respond. He ruled that the verdict was against the manifest weight of the evidence, reasoning that the officer had fabricated the tip and that other officers offered false testimony to support this fabrication. The judge then recused himself and the case was reassigned. The judge granted reconsideration and reinstated the verdict. The Seventh Circuit affirmed. The judge did not abuse his discretion by reconsidering the new trial grant, a non-final order, and determining that the verdict was not against the manifest weight of the evidence. There was no direct evidence contradicting testimony about the tip; the jury was able to weigh inconsistencies and make credibility determinations.
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