Bell v. City of Milwaukee

746 F.2d 1205 (1984)

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Bell v. City of Milwaukee

United States Court of Appeals for the Seventh Circuit
746 F.2d 1205 (1984)

Facts

Daniel Bell, a 23-year-old Black man, was pulled over by two Milwaukee police officers, Thomas Grady Jr. and Louis Krause (defendants). Bell fled on foot and was chased by the officers. Grady caught up with Bell and reached out to apprehend him. At this point, Grady fired his revolver into Bell’s back, killing him. The officers decided to plant a knife on Bell and claim that he was swinging the knife at the officers in order to justify the shooting. Bell’s family, including his father Dolphus Bell, (plaintiffs) believed the officers were lying and pushed for an internal investigation, which ultimately found that the killing was justified. Years later, Krause confessed that he and Grady lied and concealed the actual events. Grady was convicted and sentenced to prison. By this time, Bell’s father, Dolphus, had died without recovering for his son’s death. His family brought suit under 42 U.S.C. § 1983 on behalf of themselves, the estate of Daniel Bell, and the estate of Dolphus Bell. After a trial, the jury returned a verdict in favor of all plaintiffs and awarded $75,000 to the estate of Dolphus Bell for loss of society and companionship. The defendants appealed, claiming that § 1983 does not recognize a parent’s claim for the loss of an adult child.

Rule of Law

Issue

Holding and Reasoning (Cummings, C.J.)

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