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Hall v. Jung

United States Court of Appeals, Seventh Circuit

April 12, 2016

RICKY HALL, Plaintiff-Appellant,
v.
JAEHO JUNG, Defendant-Appellee

         Argued February 25, 2016.

          Appeal from the United States District Court for the Northern District of Illinois, Eastern Division. No. 13 C 7645 -- John Z. Lee, Judge.

         For RICKY HALL, Plaintiff - Appellant: Naderh H. Elrabadi, Esq., Attorney, Maurice J. Salem, Attorney, LAW OFFICES OF SALEM & ASSOCIATES, P.C., Palos Heights, IL.

         For JAEHO JUNG, Defendant - Appellee: Kerrie Maloney Laytin, Attorney, OFFICE OF THE CORPORATION COUNSEL, Appeals Division, Chicago, IL.

         Before BAUER, MANION, and KANNE, Circuit Judges.

          OPINION

         Bauer, Circuit Judge.

         More experienced attorneys often stress to younger attorneys the importance of preserving the record during trial. This case illustrates the importance of not only preservation of the record but also of compliance with procedural rules. Plaintiff-appellant, Ricky Hall, appeals from a jury verdict in favor of defendant-appellee, Chicago Police Officer Jaeho Jung. Hall challenges four of the district court's rulings on evidentiary issues. Because Hall failed to provide us with transcripts memorializing the proceedings regarding three of the four rulings, we are precluded from reaching the merits of Hall's claims on those rulings. Hall's fourth challenge does not warrant reversal.

         I. BACKGROUND

         On February 19, 2012, Officer Jung was working as an officer with the Chicago Police Department on an overnight shift with his partner, Officer Jeffrey Jones. While on patrol in a marked police car in the area of 79th Street and Stony Island Avenue, the officers approached a food vendor named the " Maxwell Street Hot Dog Stand" and saw a woman run into traffic waving her hands to get their attention. Officer Jung stopped the car and saw the woman's face covered in blood. The woman told the officers that her name was Ashley Woody and that her husband had just pushed her and struck her in the face. Woody pointed west toward Stony Island Avenue, where Hall was standing, to identify her husband.

         Officer Jung turned the car around, parked, and walked towards Hall. Hall was irate, screaming and swearing at Woody. Officer Jung approached Hall and attempted to calm him down. Hall moved away from Officer Jung and continued to scream profanities. Hall did not comply with Officer Jung's commands to " stop, put his hands behind his back, calm down, [and] stop screaming."

         Officer Jones also approached Hall and grabbed Hall's right side. Hall attempted to twist away from Officer Jones by swinging his body to the left. The momentum Hall generated caused him to fall to the ground. Officer Jung used the opportunity to perform an arm bar and wrist lock on Hall in order to place him into handcuffs. Officer Jones testified that he felt the need to perform an emergency takedown because Hall was actively resisting arrest and attempting to flee.

         After he was placed in handcuffs, Hall started kicking his legs in an attempt to roll onto his side and get up from the ground. Officer Jung crisscrossed Hall's legs to prevent him from kicking. The officers then picked Hall up into a standing position in order to get him into the squad car.

         Hall continued to resist. He took some steps forward, twisted his body, and fell to the ground, landing on his left arm. Eventually, the officers were able to get Hall to the police station.

         At no time during the arrest did Hall complain of pain in his arm or indicate that he thought his arm was injured or broken. Several hours later at the police station, Hall complained that his arm hurt; he was taken to the hospital, where doctors discovered his left arm was fractured. The entire arrest of Hall was captured on video by one of the hot dog stand's surveillance cameras. The Cook County ...


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