Sherrod v. Berry Case Brief

Summary of Sherrod v. Berry, 856 F.2d 802 (1988)

Facts: D, a police officer, shot and killed a suspect. Suspect’s family brought a civil rights action against D. Family wants to introduce evidence that suspect at the time of the shooting was actually unarmed.

Procedure: Trial court admitted this evidence.

Issue: Was this Evidence Relevant?

Holding: No

Rationale: Under the circumstances, it was reasonable for the officer to believe that the suspect was armed. The fact that the suspect was actually unarmed is not relevant. This evidence not relevant to showing whether officer was reasonable in believing that suspect armed. Furthermore, this evidence is prejudicial to D.

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