Carter v. City of Wauwatosa

Federal 7th Circuit Court
Civil Court
Jury Selection
Citation
Case Number: 
No. 23-2111
Decision Date: 
August 14, 2024
Federal District: 
E.D. Wis.
Holding: 
Affirmed in part, remanded in part.
Judge: 
KOLAR

Plaintiffs filed a lawsuit against a city police department after their vehicle was stopped by police who were investigating a potential robbery following a tip from a citizen. Plaintiffs alleged that the defendants violated their Fourth Amendment right to be free from unreasonable seizure.  A jury found in favor of the defendants and plaintiffs appealed. On appeal, plaintiffs contested the district judge’s decision to bifurcate the trial, the jury instructions, the exclusion of their police-practices expert, and the judge’s failure to recuse himself. The Seventh Circuit affirmed, finding no error in those rulings. The plaintiffs also appealed from the district court’s denial of their challenge to a peremptory strike and the Seventh Circuit remanded on this issue for additional proceedings, finding that the record was insufficient. (PRYOR, concurring and KIRSCH, concurring in part and dissenting in part)