Edward E. Powell v. Roger C. Levit

Edward Powell brought this civil rights suit under 42 U.S.C. § 1983 against several police officers, alleging that the officers arrested him without probable cause and with the use of excessive force. The jury found for the defendants. On appeal Powell challenges the district court’s admission of impeachment evidence of Powell’s sixteen-year old criminal conviction and his juvenile record. We find that the admission of the evidence was prejudicial error and therefore reverse.

The events of the evening of June 9,1976 that led to Powell’s arrest were the subject of sharp dispute between Powell and the defendants. Special Patrol Guard Cole testified that when he saw Powell park his car in a private parking lot reserved for customers of the adjacent businesses, he walked up to Powell and asked him to move his car. According to Cole, Powell drove out of the lot, circled through a few minutes later, was again warned not to park, and then reentered a third time and parked his car. Cole stated that when he again warned Powell, Powell started using abusive language, at which time Cole summoned a backup guard. The confrontation escalated and police were called in. The officers testified…