Highly Inflammatory Evidence Properly Excluded At Trial
LEWIS v. CITY OF CHICAGO (December 21, 2009)
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Donna Lewis was an officer in the tactical unit of the Chicago Police Department in 2002 when Lt. Terrence Williams became her supervisor. When she volunteered for a special security detail in Washington DC, Williams took her off the list. Lewis filed a grievance, alleging that it was a gender-based decision. She claims that she was the victim of several instances of retaliation after she filed the grievance. She filed an EEOC charge concerning both the security detail and retaliation. She alleges that the very next day Williams directed her to assist a narcotics team operation. During the operation, another officer accidentally struck her with a sledgehammer, breaking her neck. She is now on permanent disability. She filed suit. Although the court originally granted summary judgment to the defendants, the Seventh Circuit reversed her gender discrimination claim against Williams and the City and the retaliation claim against the City. At trial, a jury found in favor of the defendants. The court denied Lewis' motion for new trial. Lewis appeals.
In their opinion, Judges Evans and Sykes and District Judge Simon affirmed. Lewis raised four categories of error: jury instructions, evidentiary errors, prejudicial closing argument and insufficient evidence. With respect to the seven instruction challenges, the Court found the instructions to be proper or that Lewis either did not object or waived her objection. Likewise, with respect to Lewis' several evidentiary objections, the Court found no error. Specifically, the Court agreed that allowing Lewis to testify regarding the incident in which she suffered a broken neck at the hands of a fellow police officer would have been highly inflammatory. She was allowed to present evidence that she was diverted to a dangerous assignment. The Court also rejected her arguments with respect to the defendants' closing argument and the sufficiency of the evidence.
