William Viramontes v. City of Chicago

840 F.3d 423, 95 Fed. R. Serv. 3d 2018, 2016 U.S. App. LEXIS 19042, 2016 WL 6135854
CourtCourt of Appeals for the Seventh Circuit
DecidedOctober 21, 2016
Docket15-2826
StatusPublished
Cited by39 cases

This text of 840 F.3d 423 (William Viramontes v. City of Chicago) 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
William Viramontes v. City of Chicago, 840 F.3d 423, 95 Fed. R. Serv. 3d 2018, 2016 U.S. App. LEXIS 19042, 2016 WL 6135854 (7th Cir. 2016).

Opinions

KANNE, Circuit Judge.

William Viramontes was convicted in Illinois state court of aggravated assault and resisting arrest. Despite the conviction, Vi-ramontes filed this § 1983 suit against the officers involved in the altercation alleging that they used excessive force in violation of his Fourth Amendment rights.

The jury returned a verdict for the officers. Viramontes sought a new trial for two reasons: (1) because the district court instructed the jury that it had to take as true the facts underlying the state-court conviction, and (2) because defense counsel made improper statements during closing argument. The district court denied the motion, holding that the jury instruction was proper and that, although defense counsel’s statements during closing argument were improper, they did not warrant a new trial. We agree and affirm.

I. Background

Viramontes was charged with mob action, aggravated assault, and resisting arrest in Cook County Circuit Court arising out of an incident at a Puerto Rican street festival in Chicago. Following a bench trial, Viramontes was convicted of aggravated assault and resisting arrest. The state court judge held,- “I find the Defendant guilty of resisting a police officer and aggravated assault in that he took a substantial step and actively swung in the direction of the police officer and missed,” and that “after the Defendant swung ... he did actively resist.” (R. 58-3.) The court sentenced Viramontes to 100 days’ imprisonment.

Viramontes then sued two officers involved in the arrest, Jessica Brady and Marc Lapadula, and the City of Chicago. Viramontes brought a § 1983 claim, alleging that the officers used excessive force during the arrest violating his Fourth Amendment rights.

After trial, the jury returned a verdict for the defendants on Viramontes’s claims. Viramontes filed a Rule 59 motion for a new trial, arguing that attorney misconduct and procedural and evidentiary errors rendered the trial unfair. The district court denied the motion. On appeal, Viramontes argues that an allegedly improper jury instruction and defense counsel’s improper statements in closing argument entitle him to a new trial.

Because the § 1983 claim involved the same incident for which Viramontes had been convicted of aggravated assault and resisting arrest, the claim implicated the Supreme Court’s decision in Heck v. Humphrey. There, the Court held that a plaintiffs § 1983 claim is barred if it “necessarily implies] the invalidity of his conviction.” 512 U.S. 477, 487, 114 S.Ct. 2364, 129 L.Ed.2d 383 (1994). The district court relied on our decision in Gilbert v. Cook, 512 F.3d 899 (7th Cir. 2008) and held that an excessive-force claim was not inconsistent with Viramontes’s conviction. The district court also held, however, that the facts underlying the conviction had to be taken as true. Before trial and over Vira-montes’s objection, the district court read the following jury instruction:

Mr. Viramontes actively swung in the direction of a police officer and missed. After he swung, Mr. Viramontes actively [427]*427resisted the police officer. Any statements to the contrary by Mr. Vira-montes, his lawyers, or a witness must be ignored. What you need to determine is whether the officers used more force than was reasonably necessary under the circumstances and whether the officers maliciously prosecuted Mr. Vira-montes for mob action. Although during the trial you must accept that Mr. Vira-montes swung in the direction of a police officer and missed, you must also decide whether the testimony of each of the witnesses is truthful and accurate .in part, in whole, or not at all. You should give fair and equal consideration to all the evidence because you are the impartial judges of all of the facts.

(R. 97 at 20-21;) The court read the instruction before and after the parties presented evidence. During trial, the court reread the instruction when it believed testimony contradicted Viramontes’s conviction. Of importance here, the district court stopped Officer Lapadula from answering whether he testified at the criminal trial that Viramontes had pulled away after swinging (as the state court found) or that Viramontes had pulled away and then swung. The court told Viramontes that he was “not permitted to directly examine in contradiction” of the state court’s findings. (R. 98 at 124.)

Additionally, two district court orders are relevant to Viramontes’s appeal. First, the district court denied Viramontes’s motion to bar reference to prior convictions, allowing the defendants to use Vira-montes’s 2012 felony conviction for impeachment purposes only. Second, the district court granted Viramontes’s motion in limine to bar evidence bolstering the officers’ character. In closing argument, however, defense counsel disobeyed the district court’s orders. Defense counsel used the 2012 felony conviction to make a propensity argument when he argued that the felony “conviction reflects on Mr. Vira-montes’ unwillingness to conform his conduct to the law.” (R. 99 at 40.) Defense counsel also claimed that the -officers were “stars” and “outstanding police officers.” (R. 99 at 61.) Viramontes objected immediately to the remarks. The district court sustained both objections and instructed the jury that statements made during closing argument were not evidence.

II. Analysis

Viramontes appeals the district court’s denial of his-motion for a new -trial on two grounds. First, Viramontes argues that the Gilbert instruction was unlawful and prejudiced him in three ways: (1) the instruction reflected the state court’s factual findings instead of the criminal complaint, (2) the instruction was read before he contradicted his conviction, and (3) the district court inappropriately used the instruction to prevent him from impeaching Officer La-padula.- Second, Viramontes argues that defense counsel’s improper comments during closing argument denied him his right to a fair trial.- We take those claims in turn.

A. The Gilbert Instruction

In Heck, the Supreme Court held that a plaintiff seeking damages under § 1983 cannot recover if judgment in the plaintiffs favor would “necessarily imply the invalidity” of a criminal conviction. 512 U.S. at 487, 114 S.Ct. 2364. This court has held that a plaintiff s. conviction for assaulting a police officer- does not “necessarily imply”, that the officer used -appropriate force during the course of arrest after the assault. Gilbert, 512 F.3d at 901. A subsequent excessive-force claim may, however, imply the invalidity of a conviction if the plaintiff attempts to, testify -in .a way that contradicts the conviction’s factual basis. [428]*428To balance this tension, we held in Gilbert that the district court should implement ■Heck by instructing the jury that it must take as true the facts proved at the earlier criminal or disciplinary proceeding. Id. at 902. The district court gave this exact instruction.

This court reviews jury instructions “de novo when the underlying assignment of error implicates a question of law.” Empress Casino Joliet Corp. v. Balmoral Racing Club, Inc., 831 F.3d 815, 835 (7th Cir. 2016) (citing United States v. Macedo,

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Canania v. Dippold Trucking
S.D. Illinois, 2025
West v. Young
N.D. Illinois, 2025
Plemmons v. Rokey
N.D. Illinois, 2024
Pursell v. Hydrochem LLC.
S.D. Illinois, 2024
Gevas v. Pork
N.D. Illinois, 2024
United States v. Elvis Medrano
Seventh Circuit, 2023
Omar v. Brooks
C.D. Illinois, 2023
Titus v. Mitchell
S.D. Illinois, 2022
McIntosh v. United States
N.D. Illinois, 2022
Sopron v. Cassidy
N.D. Illinois, 2022
Renee Lange v. City of Oconto
Seventh Circuit, 2022
Brand v. Murawski
N.D. Illinois, 2021
United States v. Lance Wehrle
Seventh Circuit, 2021
Geboy, Mark v. Oneida County
W.D. Wisconsin, 2020
Tucker v. Lally
N.D. Illinois, 2020
Bandala-Martinez v. Fry
S.D. Illinois, 2020

Cite This Page — Counsel Stack

Bluebook (online)
840 F.3d 423, 95 Fed. R. Serv. 3d 2018, 2016 U.S. App. LEXIS 19042, 2016 WL 6135854, Counsel Stack Legal Research, https://law.counselstack.com/opinion/william-viramontes-v-city-of-chicago-ca7-2016.