Brawner v. City of Chicago

787 N.E.2d 282, 337 Ill. App. 3d 875
CourtAppellate Court of Illinois
DecidedMarch 17, 2003
Docket1-00-3594 Rel
StatusPublished
Cited by1 cases

This text of 787 N.E.2d 282 (Brawner v. City of Chicago) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Brawner v. City of Chicago, 787 N.E.2d 282, 337 Ill. App. 3d 875 (Ill. Ct. App. 2003).

Opinion

JUSTICE SMITH

delivered the opinion of the court:

Following the entry of judgment by the circuit court on a jury verdict in favor of defendants City of Chicago (City) and Chicago police officer Timothy Covelli in this wrongful death and survival action, plaintiff Louise Brawner, as the independent administrator of the estate of Emmett Blanton, Jr. (Blanton), appeals. On appeal, plaintiff contends the court erred by allowing testimony concerning alleged hearsay statements and defense counsel violated in limine rulings concerning the use of such statements. Plaintiff contends defense counsel also improperly attempted to elicit undisclosed opinion testimony. Plaintiff further contends the court improperly admitted evidence of the decedent’s, Blanton’s, cocaine intoxication at the time of his death and allowed defendants’ toxicology expert to testify about Blanton’s mental state during the incident. For the reasons that follow, we affirm.

Background

This action originated in September 1996, when Emmett Blanton, Sr., as special administrator of Blanton’s estate, filed a complaint against the City alleging that Chicago police officers wilfully and wantonly shot and killed Blanton without probable cause on August 23, 1996. The incident in question began with Blanton’s alleged unlawful restraint of a woman in his car, then involved a police pursuit of Blanton, during which Blanton drove recklessly, struck a building and several vehicles, endangered police officers and ultimately threatened officers who then shot him. Brawner, as the independent administrator of Blanton’s estate, subsequently replaced Blanton, Sr., as plaintiff. A third amended complaint was filed in March 2000, in which plaintiff sought to recover damages under wrongful death and survival claims (740 ILCS 180/1 (West 1996); 755 ILCS 5/27 — 6 (West 1996)), and alleged that defendants and Chicago police officer Jeffrey Jablon wilfully and wantonly shot and killed Blanton.

In their answer, defendants denied plaintiffs material allegations and asserted affirmative defenses of, among other things, governmental immunity (745 ILCS 10/2 — 202 (West 1996)), justifiable use of force (720 ILCS 5/7 — 1, 7 — 5 (West 1996)), and Blanton’s own negligent, wilful and wanton, and intentional conduct. Defendants alleged that Blanton’s own conduct, which consisted of committing several criminal offenses, attempting to flee the police, and acting under the influence of cocaine, was the cause of any injuries or damages that resulted.

Motions in limine

In March 2000, the court heard the parties’ motions in limine. Among other things, plaintiff apparently sought to bar reference to evidence of Blanton’s “drug use,” including the presence of cocaine in Blanton’s system at the time of the incident. Defense counsel discussed the expected testimony of a pharmacology expert (O’Donnell) concerning the effects of cocaine on Blanton based on the autopsy toxicology report. The court found that cocaine was “definitely an issue in this case” and, noting that there was evidence of Blanton’s use of drugs, denied plaintiffs motion.

Then the parties discussed at length plaintiffs motion concerning Blanton’s “mental condition and state of mind,” apparently seeking to bar O’Donnell’s conclusions about Blanton’s cocaine intoxication and paranoia. Over plaintiffs objection that O’Donnell was not qualified to render a psychiatric diagnosis regarding paranoia, the court allowed the defense to present O’Donnell’s testimony as to the “manifestations” of cocaine intoxication. The court ruled that Blanton’s drug use was relevant and, over plaintiffs objection that the police officers had no knowledge of the drug use, denied plaintiffs motion. Following the hearing, the court entered a written order in which, among other things, it denied plaintiffs “motions in limine regarding [Blanton’s] mental condition and state of mind, [Blanton’s] drug use and motion with respect to drug paraphernalia found at the scene.”

Before trial in April 2000, the court heard additional motions in limine. At that hearing, argument centered on plaintiffs motion “to bar evidence and testimony regarding statements made by or attributed to Shadell Taylor,” the alleged victim of unlawful restraint by Blanton. According to the parties, Taylor told police officers essentially that Blanton held her in his car against her will, threatened her by holding a screwdriver to her neck, and pushed her from his car. Defense counsel argued that the incident with Taylor was part of the “database” that both parties’ experts, including plaintiffs police procedure expert (Johnson) and O’Donnell, had relied upon to form their opinions. Plaintiffs counsel conceded that the fact that Blanton was originally wanted for unlawful restraint was relevant, but objected to Taylor’s statements about Blanton’s use of the screwdriver to threaten her as hearsay. The court ruled that the “unlawful restraint will come in” and the witnesses could rely on Taylor’s statements. In further discussion, the court clarified that the defense would not call Taylor as a witness because she could not be found. Defense counsel argued that plaintiffs expert Johnson relied on the alleged hearsay in his deposition and, because Blanton’s use of the screwdriver was “specifically” mentioned in Johnson’s notes, it was relevant as a basis for Johnson’s opinions. The court ultimately denied plaintiffs motion concerning Taylor’s statements.

The court then considered plaintiffs motion “to bar evidence and testimony regarding contents of notes found in decedent’s vehicle.” Defense counsel argued that O’Donnell relied on the notes in part, and the court ruled that, even if such material itself was not admissible, it could be relied upon by the witnesses. The court allowed the experts’ conclusions based on the notes, specifying that O’Donnell could say Blanton was “depressed *** from reviewing these notes,” but granted plaintiffs motion as to the notes themselves. Following the hearing, the court entered a written order in which, among other things, it denied plaintiffs motion “to bar evidence and testimony regarding statements made by or attributed to Shadell Taylor.”

Trial: Plaintiffs Case

The following day the trial began and, in opening statement, defense counsel referred to the incident involving Shadell Taylor in Blanton’s car. Plaintiff objected, and in a sidebar conference, the court ruled that Taylor’s statements were admissible to show the officers’ “mindset as they start off on this chase [of Blanton],” but not for the truth of the matter asserted. After the court further ruled that the statements should be prefaced with the phrase “told that” to the officers, plaintiff entered a continuing objection to such statements.

Plaintiff called several Chicago police officers to testify as adverse witnesses pursuant to section 2 — 1102 of the Code of Civil Procedure. 735 ILCS 5/2 — 1102 (West 2000).

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Bluebook (online)
787 N.E.2d 282, 337 Ill. App. 3d 875, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brawner-v-city-of-chicago-illappct-2003.