Gill v. City of Milwaukee, No. 16-2846 (7th Cir. 2017)
Annotate this CaseGill was in a crowd outside a Milwaukee club when shots were fired, killing Crawley. Detectives collected security videos and interviewed witnesses. Gill’s mother told detectives that Gill had cognitive impairments. Gill voluntarily went to an interview. Gill made statements that were disproved by the video footage, about the people he was with and where he was standing. Police arrested Gill for obstruction and read Gill his Miranda rights. Gill requested a lawyer. The interview ended. Gill said that he wanted to take a polygraph test and would waive his right to a lawyer. The next morning, detectives reiterated that Gill could not take the polygraph without a lawyer present, unless he waived counsel. Gill interpreted this to mean that he could take a polygraph without a lawyer or not take one. Gill stated that he understood and would proceed. He denied any involvement with the shooting. The examination lasted six hours, followed by fives of interrogation. Gill maintained his innocence. The next morning, Gill stated that he wanted a lawyer, but detectives convinced him to waive his rights and employed various interrogation techniques, falsely stating that Gill had been identified as the shooter and had failed his polygraph test. Gill professed innocence more than 140 times, but eventually confessed. He was charged with first-degree reckless homicide and remained in jail. The court suppressed the confession, stating that Gill was “functionally illiterate” and had previously been found incompetent to stand trial for a different crime. Gill filed claims under 42 U.S.C. 1983, which were rejected on summary judgment. The Seventh Circuit affirmed. Gill failed to demonstrate that his right to be free from the interrogation tactics was clearly established; officers had probable cause for Gill’s arrest for obstruction. “Brady” does not require the disclosure of favorable evidence before trial.
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