Carter v. Moore

165 F.3d 1071
CourtCourt of Appeals for the Seventh Circuit
DecidedDecember 31, 1998
DocketNo. 96-3209
StatusPublished
Cited by11 cases

This text of 165 F.3d 1071 (Carter v. Moore) is published on Counsel Stack Legal Research, covering Court of Appeals for the Seventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Carter v. Moore, 165 F.3d 1071 (7th Cir. 1998).

Opinion

KANNE, Circuit Judge.

What began as a normal day for nineteen-year-old Richard Pack ended with his death shortly after an altercation outside his apartment with Chicago Police Officers M.L. Moore and Garland D. Price. Pack’s mother, Ina Carter, individually and as administratrix of his estate, filed suit against Moore, Price, and the City of Chicago alleging that the officers used excessive force during their encounter with Pack and deprived him of his Fourth Amendment right to be free from unreasonable searches and seizures and that Moore, Price, and the City of Chicago were liable under the Illinois Wrongful Death Statute and for tortious assault and battery under Illinois law. The jury found in favor of Carter as to Moore and against Carter as to Price on both the excessive force and unreasonable seizure claims. It found against Carter as to all of the defendants on the state law claims for wrongful death and [1074]*1074assault and battery. The jury awarded Carter $50,000 in damages on the excessive force claim and $50,000 in damages on the unreasonable seizure claim. On appeal, Carter presents two issues to this Court. First, she claims the District Court committed reversible error by failing to instruct the jury as to the definition of proximate cause. Second, she contends the District Court erred by failing to grant her a new trial based on her contention that the jury’s verdict was inconsistent and the result of jury compromise. Because we find that Carter waived her objection to the District Court’s failure to provide the jury with a definition of proximate cause and the verdict was neither inconsistent nor the result of jury compromise, we affirm the judgment of the District Court.

I. History

A. Factual Background

At the time of his death, Richard Pack had significant health problems. In addition to suffering from partial paralysis, cerebral palsy, and an enlarged heart and liver, Pack had been largely confined to a wheelchair since he suffered a stroke two years earlier. Doctors classified Pack’s cardiac function as a three on a scale of four in terms of the severity of his heart dysfunction, with four being the worst. His own cardiologist, Dr. Tyrone Daniels, characterized Pack’s heart as being able to function at one-sixth of normal capacity. Despite being treated with medication for his health conditions, Pack nonetheless had serious limitations on his physical activity.

During the afternoon of October 16, 1994, Pack and three of his friends, Dana Simmons, Clarence Fuller, and Leonard James, went to a local park to watch a football game. Shortly after Pack and his friends returned to Pack’s apartment, Officers Moore and Price drove through an intersection near Pack’s apartment in an unmarked police vehicle and heard an unidentified individual yell “five-o” — a term used to identify the presence of police officers. Sensing that some type of criminal activity was occurring, Moore and Price sought to uncover what motivated someone to identify them as police officers. The officers positioned their vehicle in a nearby alley and observed what they believed to be a narcotics exchange outside Pack’s apartment. After maneuvering onto the street in front of Pack’s apartment, Moore and Price got out of their vehicle with their weapons drawn to confront Pack and his friends.

The parties offer contrasting versions of what happened next. Moore and Price claimed that as they approached Pack’s apartment building, Pack was leaning against the building and Dana Simmons was seated in Pack’s wheelchair. As Moore and Price drew near, they observed Clarence Fuller release a quantity of drugs from his hands and attempt to cover it with his foot. Moore recovered the drugs, patted down Fuller, and placed him under arrest. Once the officers had detained Fuller, Price attempted to enter Pack’s apartment in order to confront Leonard James, but encountered Pack’s dog, a pit bull, chained near the door leading to the entrance of the apartment. Moore and Price eventually handcuffed James and Simmons and placed them along with Fuller into their unmarked police car.

During the course of this confrontation, Pack began to yell and swear at the officers. Pack’s grandmother, Juanita Hines, leaned out of an upstairs window and observed the situation below. She immediately went outside to the area where Pack and the officers were arguing and attempted to calm Pack. Moore contemplated placing Pack under arrest, but concluded that it would not be worth the effort given Pack’s medical conditions and decided to leave Pack in the care of his grandmother.

The competing version of events stands in stark contrast to the description of the relatively innocuous encounter presented by the police officers at trial. According to the testimony of Simmons, Pack’s dog began barking upon the arrival of the two police officers. At that point, Moore allegedly threatened to shoot the dog, and an argument ensued between Pack and Moore regarding Moore’s threat. Pack remained seated in his wheelchair throughout the confrontation with the police officers and was not standing against the building as Moore [1075]*1075testified. While Pack argued with Moore, Simmons and James warned Moore of Pack’s serious medical conditions, including his heart problem. In complete disregard of these warnings, Moore struck Pack in his chest while he was seated in his wheelchair, grabbed him out of his wheelchair, and slammed him into a concrete pillar supporting the apartment building.

From her second floor apartment, Hines observed Moore holding Pack against the concrete pillar with his legs spread apart. In response to Hines’s demand for an explanation, Moore indicated that he was arresting Pack for selling drugs. Not until after Hines convinced Moore to return Pack to his wheelchair and pleaded with Moore not to arrest him due to his medical conditions did Moore agree to leave Pack in her care.

While Hines and Moore continued to argue, Carter arrived upon the scene and took her son into their apartment. Carter noticed Pack was extremely upset and crying. He was also having difficulty breathing. Carter attempted to calm her son and asked his brother to set up a video game for the two to play, hoping that this distraction would reduce Pack’s anxiety. Several minutes later, Carter heard screams coming from the room where Pack and his brother were playing. Carter returned to the room to find Pack lying on the floor with blood flowing out of his mouth. Attempts at resuscitation failed and, upon the arrival of the paramedics, Pack had no vital signs. Pack was taken to Loret-to Hospital, where he was pronounced dead.

B. Proceedings Before the District Court

The parties went to trial before a jury on six counts of an amended complaint and presented their versions of what transpired on the day of Pack’s death. Just as the testimony of those present on the day of Pack’s death painted two separate and distinct versions of the interaction between Pack and the two officers, so too did the expert testimony offered by both sides regarding the cause of Pack’s death. Although both Dr. Tyrone Daniels, Pack’s cardiologist and acting Associate Director of the Coronary Care Unit at Cook County Hospital, and Dr. Daniel Fintel, Director of the Coronary Care Unit at Northwestern Memorial Hospital, agreed that the cause of Pack’s death was sudden death,1 they disagreed as to whether the incident with the officers triggered the sudden death in Pack’s case. Dr.

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165 F.3d 1071, Counsel Stack Legal Research, https://law.counselstack.com/opinion/carter-v-moore-ca7-1998.