Davies v. Benbenek, No. 14-2558 (7th Cir. 2016)
Annotate this CaseDavies and his then‐girlfriend got into an altercation. She called 911, stating that Davies had “pulled a gun.” Chicago police officers, including Benbenek, responded, kicked down the door because no one answered after they knocked and announced, then encountered Davies, who is paralyzed from the waist down, in his wheelchair, and Davies’ nephew. Police testified that, Davies was very angry, used profanity, and talked about suing them. Officers discovered illegal items in Davies’ bedroom. Davies asked whether his nephew could “take the rap,” then became increasingly agitated. When Benbenek told Davies he would be charged for spitting on her, Davies threw himself onto the floor, yelling. Davies claims Benbenek grabbed him and punched him in the face. Davies was taken to the hospital. The attending physician testified that Davies had a fractured femur, consistent with a fall, and that Davies had severe osteoporosis which made his bones more susceptible to breaking through minor trauma. Davies sued Benbenek, 42 U.S.C. 1983. The court allowed testimony that unidentified “items” were recovered, that Davies had stated that he had previously sued, and that Davies wanted to blame his nephew. The testimony was not offered to prove that Davies had a prior history of litigation, nor did it include any description of the items. The Seventh Circuit affirmed judgment in favor of Benbenek. The evidence challenged by Davies was used for a permissible purpose and was not unduly prejudicial.
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