Appellate Court Orders New Trial in Harith Augustus Police Shooting Case

An Illinois appellate court has overturned a previous jury verdict, ordering a new trial in the wrongful death lawsuit involving the 2018 police shooting of Harith Augustus. The ruling comes after the court determined that lawyers for the city of Chicago improperly excluded Black potential jurors during the initial trial, violating constitutional protections.

Why the Appellate Court Ordered a New Trial

The three-judge appellate panel concluded that the initial trial was flawed due to the improper use of peremptory challenges. Peremptory challenges allow attorneys to remove potential jurors without providing a specific reason; however, using these strikes to exclude jurors based on race, ethnicity, or gender is unconstitutional.

In this case, the court found that city lawyers dismissed two Black potential jurors. While Cook County Judge Bridget Hughes originally ruled that the city provided neutral reasons for these dismissals, the appellate panel disagreed. The court ruled that these exclusions were pretextual and violated the equal protection provisions of both the U.S. And Illinois constitutions.

Reviving the Civil Conspiracy Claim

Beyond the jury selection issues, the appellate court too addressed the scope of the legal claims. The panel ruled that the trial judge erred by granting summary judgment on a civil-conspiracy claim. This claim has been revived and remanded to the trial court for further proceedings, expanding the legal battle the city must now face.

Case Background: The Death of Harith Augustus

Harith Augustus, a 37-year-old Black man and a beloved barber in the South Shore neighborhood, was fatally shot by a probationary Chicago police officer on July 14, 2018. The shooting occurred during a period of intense scrutiny for the Chicago Police Department, as the city was still managing the fallout from the killing of 17-year-old Laquan McDonald.

The death of Mr. Augustus triggered a fresh wave of civil unrest and protests in the community. Although the family filed a lawsuit against the city and the involved officers shortly after the incident, the case took five years to reach a courtroom. In July 2023, a Cook County jury initially ruled in favor of the police officers, a decision that the family subsequently appealed.

Reactions from Legal Teams and the City

Attorneys for the Augustus family have welcomed the decision as a necessary correction of a previous injustice.

“We are thrilled that the Appellate Court saw the injustice of the first trial and ordered a new one,” said Renee Spence, an attorney with the Loevy and Loevy law firm. “The family deserves justice for Mr. Augustus’ senseless death and these officers — who recklessly and needlessly caused it — should be held accountable.”

Co-counsel Scott Rauscher added that the ruling provides “another opportunity to seek justice for Mr. Augustus.”

The City of Chicago has maintained its position. A spokesperson for the City Law Department stated that the city “strongly disagrees with the court’s decision and is considering next steps,” according to reports from Hoodline.

Key Takeaways: Augustus v. City of Chicago

• Incident Date: July 14, 2018.
• Core Issue: A probationary officer fatally shot Harith Augustus in South Shore.
• Initial Verdict: A July 2023 jury ruled in favor of the officers.
• Appellate Ruling: New trial ordered due to racial discrimination in jury selection (peremptory strikes).
• Constitutional Violation: Breach of the Equal Protection Clause of the federal and Illinois constitutions.
• Additional Development: The court revived a previously dismissed civil-conspiracy claim.

Frequently Asked Questions

What are peremptory challenges?

Peremptory challenges are a legal tool that allows attorneys to remove a certain number of potential jurors from a trial without stating a specific cause. However, they cannot be used to exclude jurors based on race, gender, or ethnicity.

What happens next in the case?

The case returns to Cook County for a new trial. The city is currently considering whether to challenge the appellate court’s decision or proceed with the new trial proceedings.

Looking Ahead

The reversal of the 2023 verdict ensures that the legal battle over the death of Harith Augustus will continue. As the case returns to the trial court, the focus will shift back to whether the officer acted with “utter indifference” and whether a civil conspiracy existed surrounding the shooting.