Fletcher v. Tomlinson

The Eighth Circuit affirmed the district court's judgment finding that Officers Martorano and Moton used excessive force in their apprehension and arrest of plaintiff and award of damages to plaintiff. The court held that the district court did not abuse its discretion in admitting the deposition testimony of an unavailable medical expert witness where the expert qualified as an expert and had been extensively cross-examined during his deposition, he was unavailable, and defendants had notice; the district court did not err in submitting plaintiff's punitive damage claim to the jury and the award against Moton was supported by substantial evidence; and the district court did not err in denying the officers' Federal Rule of Civil Procedure 59(e) motion to deduct from the judgment amount sums plaintiff had received from pretrial settlements with other defendants. View "Fletcher v. Tomlinson" on Justia Law