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Fred Hampton — Part 3
Page 45
45 / 251
Nos. 77-1698, 77-1210 & 77-1370 41
A. Shooters
Plaintiffs seek recovery against the shooters on the
ground that these defendants, acting under color of state
law, made an illegal entry into the West Monroe Street
apartment and used deadly and excessive force in addi-
tion to committing assault, battery, and other abusive
acts on its occupants. Our discussion of the facts concern-
ing the propriety of the search warrant which defen-
dants assert justified their entry into the apartment is
found in our analysis of Groth’s refusal to identify the
informant he used to support the affidavit for the
warrant. See infra, pp. 61-67. Even if the officers were
acting pursuant to a search warrant validly issued, the
question remains for the jury’s determination whether
the force used by the raiders within the apartment was
reasonable under the circumstances. The officers had a
right to use some degree of force in executing the
warrant and defending themselves. As noted in Terry v.
Ohio, 392 U.S. 1, 28 (1968), “it would be unreasonable to
require that police officers take unnecessary risks in the
performance of their duties.” The record is replete with
factual disputes regarding the activities of the shooters
on the morning of December 4. For example, it
reasonably could be inferred that Mark Clark’s gun
firéd during his struggle with Groth rather than when
the police officers first broke through the door. Ad-
ditionally, plaintiffs testified at trial that none of the
survivors fired a gun during the raid. And Zimmers’ ex-
pert testimony corroborated these assertions. Numerous
other questions of fact are present in the record, in-
cluding the issue of whether Fred Hampton was drug-
ged at the time of the raid and shot deliberately after
Johnson, Truelock, and Bell had left the bedroom.
Assessing the credibility of witnesses and weighing
the evidence are matters within the sole province of the
jury. In granting the directed verdicts, the trial judge
repeatedly usurped this function. For example, the
25 continued .
death which a jury could conclude constituted reckless dis-
regard of plaintiffs’ civil rights in violation of 42 U.S.C.
1983. See Monroe v. Pape, 365 U.S. 167 (1960); Clark v.
vedonis, 518 F.2d 79, 80 n. 1 (7th Cir. 1975).
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