Jerry Miller Followup - Court Holds Lineup Not Suggestive
As recently reported, the district court granted summary judgment in favor of three retired Chicago police officers who were sued by plaintiff Jerry Miller in a civil rights lawsuit in the Northern District of Illinois. One of Miller's claims was that the police officers conducted an unduly suggestive lineup. The court rejected that argument, stating: "A lineup does not require five persons with identical measurements and countenances. United States v. Funches, 84 F.3d 249, 253 (7th Cir. 1996). It is undisputed that Miller and the other participants in the lineup were males, black, between 5'6" and 6', between 150 and 170 pounds, and between 23 and 31 years old. Miller was the same height as a filler, one inch taller than a filler, and four to five inches shorter than two fillers. He weighed the same as two fillers, was five pounds lighter than a filler, and was 20 pounds lighter than a filler. The parity level establishes the lineup was not unduly suggestive." (For more information on this case, see the prior blog post).
