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COMMON v. CITY OF CHICAGO

No. 09-2645.

661 F.3d 940 (2011)

Diontra COMMON and Michael Smith, Sr., Co-Administrators of the Estate of Michael Smith, deceased, Plaintiffs-Appellants, v. CITY OF CHICAGO, a municipal corporation, and Officer Guy Nelson, Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided October 20, 2011.

Attorney(s) appearing for the Case

Blake W. Horwitz (argued), Attorney, Blake Horwitz Law Firm, Chicago, IL, for Plaintiffs-Appellants.

Jonathan Mark Powell , (argued), Attorney, City of Chicago Law Department, Chicago, IL, for Defendants-Appellees.

Before POSNER, ROVNER, and TINDER, Circuit Judges.

ROVNER, Circuit Judge.

On November 18, 2006, Chicago Police Officer Guy Nelson fatally shot Michael Smith as he exited a convenience store on Chicago's south side. After his family sued the officer and the City, a jury found that the officer had not used excessive force against Smith. The only question in this appeal is whether the district court judge erred by allowing in evidence that Smith had drugs secreted in his mouth at the time of the shooting.

I...

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