context: As to the first element, a witness is peculiarly within a party's power to produce if he either: (1) is physically available only to that party; or (2) has such a relationship with one party as to effectively make him unavailable to the opposing party, regardless of actual physical availability. The latter prong is also referred to as "pragmatic unavailability."
citation_a.signal: see
citation_a.identifier: 452 F.2d 59, 64
citation_a.parenthetical: finding that the employment by the city of uncalled police officers who witnessed an altercation between officers and the plaintiff, as well as the officers' "strong personal interest in the success of the city's defense of their conduct ..." rendered them pragmatically unavailable to the plaintiff
citation_a.sentence: See United States v. Christ, 513 F.3d 762, 773 (7th Cir.2008); Yumich v. Cotter, 452 F.2d 59, 64 (7th Cir.1971) (finding that the employment by the city of uncalled police officers who witnessed an altercation between officers and the plaintiff, as well as the officers’ “strong personal interest in the success of the city’s defense of their conduct ...” rendered them pragmatically unavailable to the plaintiff); see also Mahone, 537 F.2d at 926-27 (holding that an officer who was involved in the arrest initiating case was pragmatically unavailable to the plaintiff because of his association with the United States in building its case, as well as his “interest in seeing his police work vindicated by a conviction of the defendant”).
citation_b.signal: see also
citation_b.identifier: 537 F.2d 926, 926-27
citation_b.parenthetical: holding that an officer who was involved in the arrest initiating case was pragmatically unavailable to the plaintiff because of his association with the United States in building its case, as well as his "interest in seeing his police work vindicated by a conviction of the defendant"
citation_b.sentence: See United States v. Christ, 513 F.3d 762, 773 (7th Cir.2008); Yumich v. Cotter, 452 F.2d 59, 64 (7th Cir.1971) (finding that the employment by the city of uncalled police officers who witnessed an altercation between officers and the plaintiff, as well as the officers’ “strong personal interest in the success of the city’s defense of their conduct ...” rendered them pragmatically unavailable to the plaintiff); see also Mahone, 537 F.2d at 926-27 (holding that an officer who was involved in the arrest initiating case was pragmatically unavailable to the plaintiff because of his association with the United States in building its case, as well as his “interest in seeing his police work vindicated by a conviction of the defendant”).