February 25, 2016.
from the United States District Court for the Northern
District of Illinois, Eastern Division. No. 13 C 7645 -- John
Z. Lee, Judge.
RICKY HALL, Plaintiff - Appellant: Naderh H. Elrabadi, Esq.,
Attorney, Maurice J. Salem, Attorney, LAW OFFICES OF SALEM &
ASSOCIATES, P.C., Palos Heights, IL.
JAEHO JUNG, Defendant - Appellee: Kerrie Maloney Laytin,
Attorney, OFFICE OF THE CORPORATION COUNSEL, Appeals
Division, Chicago, IL.
BAUER, MANION, and KANNE, Circuit Judges.
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.
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.
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]
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.
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.
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
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 ...