Harden v. Hillman

A salesperson at a Kentucky convenience store refused to sell John Harden (plaintiff) alcohol, claiming that Harden was already intoxicated. Officer Keith Hillman (defendant) told Harden to leave the store. When Harden later returned to buy chips, Hillman initiated a physical altercation in which Harden was injured. Harden sued Hillman under 42 U.S.C. § 1983, asserting various constitutional claims, including an excessive-force claim. Although Harden’s other claims were dismissed, the excessive-force claim went to trial. The jury held in Hillman’s favor. After the trial, the sole Black juror, T.H., executed an affidavit stating that the other jurors engaged in blatant racial stereotyping and racial prejudice. She claimed that the jurors assumed, without evidence, that Harden, a Black man, was a crack addict who had sought trouble with Hillman to sue for money. T.H. also stated that the jurors referred to Harden’s Black legal team as the Cosby Show, automatically disregarding his attorney’s arguments while hanging onto every word spoken by Hillman’s White attorney. T.H. concluded that Harden did not receive a fair trial because of his race and this attorney’s race. Based on T.H.’s affidavit, Harden’s attorney moved for a new trial. At Hillman’s request, the district court excluded the affidavit as a violation of the no-impeachment rule, which prevents jurors from testifying about jury deliberations. The court then denied the new-trial motion. Harden appealed.