United States Eighth Circuit

In a civil rights action brought against city police officers for using excessive force during criminal-plaintiff's arrest, district court's denial of defendant's motion for a new trial and award of $37,500 in attorney's fees is affirmed over claims that the district court abused its discretion and/or erred by: 1) denying plaintiff's motion for a new trial on two separate grounds; 2) denying his motion for a new trial because the jury's verdict constituted an impermissible compromise verdict; 3) denying his motion for a new trial because the jury's verdict was a miscarriage of justice; 4) rejecting one of his proposed jury instructions; and 5) applying only one percent of plaintiff's $25,000 judgment to satisfy plaintiff's attorney's fee award.

Appellate Information

• Decided 08/29/2008
• Published 08/29/2008

Judges

• SHEPHERD, Circuit Judge., Before RILEY, GRUENDER, and SHEPHERD, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Bart Matanic, AAG, argued, Jefferson City, MO (Michael Pritchett, AAG, on the brief), for appellant., Craig Boesing, Fernadina Beach, FL, pro se.


• For Appellees:
  
• Teresa Michelle Young, argued, St. Louis, MO (Robert S. Rosenthal & Rebecca S. Verble, on the brief), for appellee.