◆ SpookStack

aa 2 Nos. 77-1698, 77-1210 & 77-1870 Before Faincrinn, Chief Judge, and SwyGert and PELL, Circuit Judges, Swycert. Cireudt Jualge. This appeal concerns a civil rights action for monetary damages brouht by raembers of the Black Panther Party and.the misters of two deceased party members against federal and state iaw enforcement officers. The suit arises from 2 een battle which occurred in Chicago during the early morning hours of December 4, 1969. Two Black Panthers. were killed and four other Panthers were injured by the gunfire. The action was tried in the district court before a jury in 1976-1977. At the close of plaintifis’ case, the district court directed verdicts for some of the defendants. The district court directed verdicts for the remaining defendants at the conclusioa of the trial. We reverse as to most defendants and remand for a new trial. I. BACKGROUND At 4:30 a.m. on December 4, 1969, fourteen Chicago ‘police officers, dctailed to the Special Prosecutions Unit of the Cook County State’s Attorney’s Office, arrived at an apertment building located on the near west side of Chicago. They were equipped with a search warrant issued the previous day by a judge of the Cook County Circuit Court authorizing the search for and seizure of “sawed-off shotguns and other illegal weapons,” at the first floor apartment, 2337 West Monroe Street. This apartment was occupied by nine members of the Black Panther Party (“BPP”). Seven officers took “cover” positions at the front and rear entrances of the apartment; seven entered the apartment. Immediately upon the police entry there was an enormous burst of gunfire. Two of the ceeupants, Fred Hampton and Mark. Clark, died as a result of the gunfire and four others, Ronald Satchel, Blair Anderson, Brenda Harris, and Verlina Brewer, were wounded. Louis Truelock, ’ Deborah Johnson, and Harold Bell escaped without physical! injury. iWany reverberations followed the incident. Among these ware tha arrest and imprisonment of the surviving