Seventh Circuit -- Duran, Alejandro v. Town Cicero

Duran, Alejandro v. Town of Cicero

Double recovery against police officers and employing municipality reversed, as it is properly joint and several under respondeat superior.

Under Illinois law, police confiscation of video camera immediately before use of pepper spray is not spoliation of evidence, as the tort (yes) refers to a duty to preserve existing evidence.

Even after questioning ("Your wife is Mexican?") and assertions ("I would never do something like that")  past acts indicative of bias barred as prejudicial.

Prior conviction of deft correctly excluded, at least partially because the objection to the exclusion was not renewed at trial.