DeAngelo Bowman v. Terry Vankeuren, Jr. and Noah Pillsbury

Summary

The United States District Court for the Eastern District of Michigan addresses whether the plaintiff could present evidence or argument that criminal charges were filed in retaliation for his § 1983 excessive-force lawsuit. The court concludes that the alleged charging delay is not part of the circumstances relevant to the excessive-force analysis and orders a curative jury instruction stating that retaliation and the alleged delay are not relevant to the claim.

Holdings

1. The alleged delay between the underlying arrest and the decision to bring criminal charges was not relevant to whether Defendants used excessive force during the arrest.
2. The court granted Defendants' request for a curative instruction informing the jury that attorney statements are not evidence and that alleged retaliation and the alleged delay in bringing charges were not relevant to Plaintiff's excessive-force claim.

Questions Presented

1. Whether evidence concerning the alleged delay between the arrest and the filing of criminal charges was relevant to Plaintiff's excessive-force claim.
2. Whether Plaintiff's counsel could argue that the timing of the criminal charges demonstrated retaliation.
3. Whether the jury should receive a curative instruction stating that retaliation and the alleged delay were not relevant to the excessive-force claim.

Disposition

other