Whitehead v. Bond

• Decision Date: 21 May 2012
• Docket Number: No. 11–2225.,11–2225.
• Citation: 680 F.3d 919
• Parties: Sarah WHITEHEAD, Plaintiff–Appellant, v. Lawrence J. BOND, et al., Defendants–Appellees.
• Court: U.S. Court of Appeals — Seventh Circuit

680 F.3d 919

Sarah WHITEHEAD, Plaintiff–Appellant,

v.Lawrence J. BOND, et al., Defendants–Appellees.

No. 11–2225.

United States Court of Appeals, Seventh Circuit.

Argued March 27, 2012.

Decided May 21, 2012.

Irene K. Dymkar (argued), Attorney, Chicago, IL, for Plaintiff–Appellant.

Myriam Z. Kasper, Attorney, Office of the Corporation Counsel, Appeals Division, Martha M. Pacold (argued), Attorney, Bartlit, Beck, Herman, Palenchar & Scott LLP, Chicago, IL, for Defendants–Appellees.

Before FLAUM, WILLIAMS, and TINDER, Circuit Judges.

TINDER, Circuit Judge.

Plaintiff Sarah Whitehead brought this suit under 42 U.S.C. § 1983 against Chicago police officers Thomas Stack, Michael Stevens, and Lawrence Bond (and others who are not parties to this appeal) alleging Fourth Amendment claims of false arrest and excessive force (and other claims not at issue). The events giving rise to Whitehead's arrest began when Officer Bond and his partner Officer Kevin Geyer stopped Whitehead's adult son, Daniel, for a traffic violation. After the officers found crack cocaine in the car, Daniel attempted to flee, resulting in a physical altercation between him and the officers. Whitehead, who lived close, was told by a neighbor, “you have to get down to the corner,” “they're killing your son.” Whitehead hurried to the scene; what occurred next is hotly contested.

Whitehead claims she was calmly asking about her son when she was accosted by Officer Bond and arrested by Lt. Stevens for no apparent reason. Sgt. Stack and Lt. Stevens testified that Whitehead was yelling, being aggressive, and leading the crowd that had gathered in a charge toward Officer Bond, so they arrested her and placed her in the prisoner wagon for five to ten minutes before releasing her. Officer Bond testified that he never saw Whitehead, Sgt. Stack, or Lt. Stevens at the scene and left almost immediately after placing Daniel in the squad car. Sgt. Stack testified that he and Officer Bond spoke briefly after Whitehead was placed in the prisoner wagon.

Before trial, Whitehead moved to exclude evidence of events that preceded her arrival and testimony that the events took place in a “high-crime area.” The district court denied the motion. After a four-day trial, the jury returned a verdict in favor of the defendants. Whitehead moved for judgment as a matter of law on the false arrest claim, arguing that the officers' testimony was inherently incredible and physically impossible. In the alternative, she sought a new trial on the basis that the verdict was against the manifest weight of the evidence and the district court erroneously admitted unduly prejudicial evidence in violation of Rule 403 of the Federal Rules of Evidence. The district court denied her motions. Because we find that this case boils down to a credibility contest that was properly reserved for resolution by the jury and because we do not find reversible error in the district court's balancing of the probative value and prejudicial effect of the challenged evidence, we affirm.

I. Facts

On June 20, 2008, around 4:25 p.m., Chicago police officers Bond and Geyer pulled over Daniel, the plaintiff's adult son, at the 800 block of South Lavergne Street near West Polk Street in Chicago because the vehicle he was driving had no license plates. Daniel didn't have a driver's license or proof of insurance, so the officers handcuffed him and placed him in the squad car. The officers also placed his passenger, James Jones, in the squad car. The officers searched Daniel's car and found baggies of crack cocaine. When the officers opened the door of the squad car, Jones pushed his way out and ran. Daniel, according to the officers' testimony, made a similar attempt to flee and, when the officers tried to stop him, a struggle ensued, during which Daniel kicked Officer Bond in the chest, knocking him to the ground. Jones got away, but the officers were able to subdue Daniel. Whitehead presented eyewitness testimony from neighbor James Finkley that the officers beat Daniel until he shook badly and stopped moving. Officers Geyer and Bond testified otherwise.

A crowd had started gathering from both ends of the block. While Officer Geyer had Daniel on the ground, Officer Bond informed dispatch of the situation and requested backup officers. Although the testimony at trial was conflicting, anywhere from four to twenty people had gathered. According to the officers, the crowd, which was rowdy and yelling at them, was led by Marcus Mynatt. As the crowd drew closer, the officers ordered them to stay back, but Mynatt didn't comply.

The dispatcher heard the commotion at the scene and declared a “10–1,” which means an officer needs immediate emergency help; it is the highest-level alert and requests the immediate presence of officers from inside and outside the district. Within seconds, Officer Geyer informed the dispatcher that it was not a 10–1 and said “everything was under control.” But even when a 10–1 is called off officers within the district generally come to investigate. Approximately nine police cars (sixteen to eighteen police officers) were at the scene within minutes of the call.

Officers Sweeney and Belcher were the first backup officers to arrive. Officer Sweeney testified that there were ten or fewer people in the crowd. At the time, Officers Bond and Geyer were trying to detain Daniel and they yelled for Officers Sweeney and Belcher to grab Mynatt; upon hearing this, Mynatt ran. Officers Sweeney and Belcher chased him, quickly apprehended him, and secured him in a squad car. More police cars started arriving. Officer Bond testified that although people in the crowd were still yelling, he was less concerned with them because the assisting officers could handle the situation; he turned his attention to Daniel.

Before Officer Bond left with Daniel, a neighbor ran and told Whitehead, who lived a few blocks down the street, “You have to get down to the corner,” “they're killing your son,” without identifying who “they” were. Whitehead, followed by her husband Donald, left the house immediately and headed to the scene. Donald testified that he saw ten to twenty private citizens out on the street when they arrived. What happened after their arrival is disputed and is the centerpiece of the trial controversy.

Lt. Stevens and Sgt. Stack arrived on the scene shortly after the 10–1 call. Lt. Stevens testified that when he arrived it was a “chaotic situation” and that there was a crowd of ten to fifteen people in an alley on Lavergne and another crowd on the corner of Polk. Lt. Stevens heard people in the crowd yell “fuck the police.” Sgt. Stack testified that he saw a group of ten to twenty people on Lavergne and that the crowd was yelling and appeared hostile. Both officers testified that Officer Bond was still on the scene standing outside his squad car when they arrived.

According to the officers, Whitehead was at the front of the crowd, flailing her arms, screaming, yelling, swearing, and completely out of control. Whitehead was moving toward Officer Bond's squad car as people in the crowd were trying to hold her back. Lt. Stevens was concerned that Whitehead might try to let the offender out, attack the officers, or had a psychiatric illness.

Lt. Stevens ordered the crowd to step back and calm down, but Whitehead refused to comply. According to Sgt. Stack, Whitehead was twenty to thirty feet from Officer Bond. She continued to scream, broke free from the crowd, and began crossing the street toward Officer Bond. Lt. Stevens stepped between Whitehead and Officer Bond's car and ordered Whiteheadand the crowd to step back, but she kept advancing. It was around this time (at 4:32 p.m.—only a couple minutes after the first backup officers arrived), that Officer Marisol Randonis showed up on the scene with the prisoner wagon. When she arrived she saw Lt. Stevens standing on the sidewalk talking to Whitehead; she testified that they (Lt. Stevens and Whitehead) were about twenty to thirty feet apart. She heard Whitehead screaming and yelling loudly in an angry tone, loud enough to be heard a football-field length away. She testified that Whitehead was belligerent and was moving her hands aggressively. Other officers were trying to disperse the crowds and she saw a crowd of ten to fifteen people dispersing.

Lt. Stevens testified that he grabbed Whitehead, handcuffed her (or had someone handcuff her), and, with the assistance of Sgt. Stack, walked her to the prisoner wagon. Lt. Stevens and Sgt. Stack testified that Officer Bond was about ten feet away when Whitehead was handcuffed; neither officer saw Whitehead interact with Officer Bond or knew whether Officer Bond saw Whitehead. Lt. Stevens testified that these events happened within twenty to thirty seconds after his arrival, that “[i]t all happened very quickly,” and was a “very fluid, quick situation.” Whitehead was detained for obstructing a peace officer, reckless conduct, disorderly conduct, and mob action.

Officers Bond and Geyer testified that they left almost immediately after securing Daniel in the squad car. According to Officer Geyer, they were on the scene less than fifteen minutes. Both officers testified that they did not see Sgt. Stack, Lt. Stevens, Whitehead, or a prisoner wagon at the scene. Officer Bond said he couldn't say whether he was on the scene when Whitehead was there. Sgt. Stack, however, testified that after placing Whitehead in the prisoner wagon, he went over and spoke to Officer Bond for a minute or minute and a half about what happened, whether he was hurt, whether the offender was hurt, and whether anyone needed medical attention.

Whitehead's account of what took place that day is much different. She testified that she encountered a calm scene and that Lt. Stevens was talking to the crowd and laughing. She saw Officer Bond standing outside a police car, approached him, informed him who she was, and asked about her son....