Thompson v. City of Chicago, No. 11-2883 (7th Cir. 2013)
Annotate this CaseThompson, convicted of a gun crime based entirely on the testimony of Chicago police officers, claimed that the officers planted a gun in the vicinity of his stop and arrest to fabricate a case. While he was imprisoned, the State’s Attorney uncovered widespread corruption in the department, implicating the officers who testified against Thompson. His conviction was vacated. Thompson sued the arresting officers, alleging due-process violations under Brady v. Maryland and sued the city. During discovery, the defendants and other potential witnesses from the department invoked their Fifth Amendment privilege against self-incrimination. Thompson had to rely on his own testimony and the adverse inference from assertion of the Fifth Amendment. The court excluded much of Thompson’s proferred testimony from other victims of police misconduct and the guilty-plea testimony of officers who were convicted. The jury found one of the officers liable, only on the Brady claim. As damages for more than three years of wrongful imprisonment the jury awarded $15,000. Thompson challenged the evidentiary rulings and certain trial tactics by defense counsel that he claims were improper. The Seventh Circuit reversed and remanded. While none of the errors were prejudicial standing alone, their cumulative effect had a substantial and injurious effect.
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