Seventh Circuit -- Estate of Rudy Escob v. Brian Martin

As a result of a suicidal call to 911, the police showed up, and after fruitless discussions, released four volleys of tear gas, a stun grenade which set the living room on fire, a second stun grenade in the room where the caller was, and then after the caller lowered the gun from his own head and pointed it at the officers who had stormed in, they shot the caller dead.  A S1983 suit for excessive force resulted.

No error in trial court's admission of psychological testimony unavailaible to the officers at the time of the incident, as the plaintiff had opened the door by arguing deft was well-balanced, and it was offered to clarify earlier testimony by physician.

Jury properly instructed that plaintiff had to establish causation for excessive force, not causation for eventual death.

Deft's exoneration makes damages phase error harmless.

No clear error in grant of qualified immunity on excessive use of tear gas & stun grenades, as the right wasn't clearly established.

No error in grant o SJ as the testimony that the caller pointed the gun at the police was uncontroverted.

Estate of Rudy Escob v. Brian Martin