Sherrod v. Berry

Decision Date04 January 1988
Docket NumberNo. 85-3151,85-3151
Citation835 F.2d 1222
PartiesLucien SHERROD, Individually and as Administrator of the Estate of Ronald Sherrod, deceased, Plaintiff-Appellee, v. Willie BERRY, Frederick Breen and the City of Joliet, a municipal corporation, Defendants-Appellants.
CourtU.S. Court of Appeals — Seventh Circuit

Appeal from the United States District Court for the Northern District of Illinois, Eastern Division, George N. Leighton, Judge.

Before BAUER, Chief Judge, and CUMMINGS, WOOD, CUDAHY, POSNER, COFFEY, FLAUM, EASTERBROOK, RIPPLE, MANION and KANNE, Circuit Judges.

Prior report: 827 F.2d 195.

ORDER

On consideration of the petition for rehearing and suggestion for rehearing en banc filed on September 3, 1987, by the defendants-appellants, and the answer filed by the plaintiff-appellee, a vote of the active members of the Court having been requested and a majority of the judges in regular active service * having voted to rehear this case en banc,

IT IS ORDERED that the aforesaid petition for rehearing and suggestion for rehearing en banc be, and the same is hereby, GRANTED.

IT IS FURTHER ORDERED that the panel opinion and the judgment entered August 20, 1987, are hereby VACATED. This case will be reheard en banc at the convenience of the Court.

* The Honorable Luther M. Swygert, Senior Circuit Judge, was a member of the original panel, but he did not participate in the vote on rehearing en banc.

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23 cases
  • Mayes v. City of Hammond, in, 2:03-CV-379-PRC.
    • United States
    • U.S. District Court — Northern District of Indiana
    • July 5, 2006
    ... ... See Sherrod ... See Sherrod v. Berry ... ...
  • 77 Hawai'i 282, Montalvo v. Lapez
    • United States
    • Hawaii Supreme Court
    • October 12, 1994
    ... ... 24 See Sherrod ... 24 See Sherrod v. Berry ... ...
  • Foley v. City of Lowell, Mass.
    • United States
    • U.S. Court of Appeals — First Circuit
    • August 2, 1991
    ... ... See Sherrod v. Berry, 827 F.2d 195, 204-05 (7th Cir.1987) (admission of evidence regarding separate suit brought against police officer upheld even though ... ...
  • Loth v. Truck-A-Way Corp.
    • United States
    • California Court of Appeals Court of Appeals
    • January 7, 1998
    ... ... Nebraska Dept. of Social Serv. (Neb.S.Ct.1995) 249 Neb. 20, 25-26, 541 N.W.2d 30, 34-35.) ... Page 579 ... Sherrod v. Berry (7th Cir.1987) 827 F.2d 195, upon which plaintiff relies, was implicitly limited or overruled in Mercado v. Ahmed, supra, 974 [60 ... ...
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8 books & journal articles
  • Commonly Used Experts
    • United States
    • James Publishing Practical Law Books Archive Qualifying & Attacking Expert Witnesses - 2020 Contents
    • August 4, 2020
    ...and described the expert’s testimony as invaluable. However, the 7th circuit sitting en banc granted a hearing and vacated the opinion. (835 F.2d 1222). The concept of compensation for the loss of the enjoyment of life is not novel. In Mariner v. Marsden , 610 P.2d 6 (Wyo. 1980) the Wyoming......
  • Commonly Used Experts
    • United States
    • James Publishing Practical Law Books Archive Qualifying & Attacking Expert Witnesses - 2015 Contents
    • August 4, 2015
    ...and described the expert’s testimony as invaluable. However, the 7th circuit sitting en banc granted a hearing and vacated the opinion. (835 F.2d 1222). The concept of compensation for the loss of the enjoyment of life is not novel. In Mariner v. Marsden , 610 P.2d 6 (Wyo. 1980) the Wyoming......
  • Commonly Used Experts
    • United States
    • James Publishing Practical Law Books Archive Qualifying & Attacking Expert Witnesses - 2018 Contents
    • August 4, 2018
    ...and described the expert’s testimony as invaluable. However, the 7th circuit sitting en banc granted a hearing and vacated the opinion. (835 F.2d 1222). The concept of compensation for the loss of the enjoyment of life is not novel. In Mariner v. Marsden , 610 P.2d 6 (Wyo. 1980) the Wyoming......
  • Commonly Used Experts
    • United States
    • James Publishing Practical Law Books Archive Qualifying & Attacking Expert Witnesses - 2016 Contents
    • August 4, 2016
    ...and described the expert’s testimony as invaluable. However, the 7th circuit sitting en banc granted a hearing and vacated the opinion. (835 F.2d 1222). The concept of compensation for the loss of the enjoyment of life is not novel. In Mariner v. Marsden , 610 P.2d 6 (Wyo. 1980) the Wyoming......
  • Request a trial to view additional results

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