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This section contains the nature of the case and procedural background.

Wilson (P) sued Williams (D) for attacking him without provocation and inflicting serious injuries. P sued D under 42 USC 1983. D was a guard in prison. P’s brother shot and killed two police officers and P was an accomplice. Both Wilsons were serving life terms in prison, and both filed suits under 1983 contending that they were beaten while in custody before their convictions. P’s brother got a substantial judgment even though the defendants harped on the nature of the crime he had committed. Before the second trial of his civil suit, P asked the judge to prevent D from informing the jury he had been convicted of killing a police officer. That in limine motion was denied. During trial, P made the first move and told the jury all about why he had been in jail. D's counsel invited the jury to rule against P on emotional grounds by using incessant mantra harping on the issue that P was a cop killer. During the entire trial, D did not miss any opportunity to remind the jury that P had committed a despicable offense and therefore he should not collect a dime. This appeal resulted.

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