Latino v. Kaizer

58 F.3d 310 (1995)

Study Aids
Case Briefs Overview
Casebooks
Case Briefs
L
From our private database of 46,300+ case briefs, written and edited by humans—never with AI.

Latino v. Kaizer

United States Court of Appeals for the Seventh Circuit
58 F.3d 310 (1995)

RW

Facts

Police officer Edward Kaizer (defendant) arrested Daniel Latino and Robert Slawinski (plaintiffs) for scalping four basketball tickets outside a basketball arena. After Latino and Slawinski were released, they sued Kaizer in federal district court on civil charges of false arrest and civil rights violations. At trial, the basic question was whether the two men went to the arena criminally intending to scalp all four tickets, or innocently intending only to sell the two tickets they did not need. The jurors heard complex and highly contradictory testimony on this question, including Kaizer's testimony about the circumstances under which he confiscated the four tickets. The jury verdict was for Kaizer. The judge ruled that the jurors must have inferred from Kaizer's testimony that Latino and Slawinski criminally intended to scalp all four tickets, and that the jurors must have based their verdict solely on that inference. In addition, the judge concluded that Kaizer's testimony was objectively improbable, thereby indicating his testimony was perjured. The judge therefore vacated the jury verdict and ordered a new trial. The second trial resulted in a verdict for Latino and Slawinski, and Kaizer appealed to the United States Court of Appeals for the Seventh Circuit.

Rule of Law

Issue

Holding and Reasoning (Sharp, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 806,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.

    Unlock this case briefRead our student testimonials

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

    Learn about our approachRead more about Quimbee

Here's why 806,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 46,300 briefs, keyed to 988 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 806,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 46,300 briefs - keyed to 988 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership

Casebooks

Civil Procedure

Key Terms