Perrin v. Anderson

Facts

A simple highway accident set off the bizarre chain of events that culminated in Perrin’s death. The incident began when Perrin drove his car into the back of another car on an Oklahoma highway. Trooper Von Schriltz went to Perrin’s home to obtain information concerning the accident. A fierce battle ensued between Perrin and two officers and eventually one officer without issuing a warrant shot and killed Perrin. At trial the court permitted four police officers to testify that they had been involved previously in violent encounters with Perrin. These officers testified to Perrin’s apparent hatred or fear of uninformed officers and his consistently violent response to any contact with them. Defendants introduced his evidence to prove that Perrin was the first aggressor in the fight – a key element in defendants’ self-defense claim. The court admitted the evidence over objection, under Federal Rules of Evidence provisions treating both character and habit evidence. Plaintiff contends this was error.