Collins v. Lochard

Plaintiff-civil detainee’s failure to file post-trial motion for judgment as matter of law under Rule 50, in section 1983 action alleging that defendant-prison medical official was deliberately indifferent to plaintiff’s medical needs, precluded Ct. of Appeals from acting on plaintiff’s claim that jury’s verdict in favor of defendant was against manifest weight of evidence. Moreover, plaintiff was not entitled to new trial even though defendant made improper reference during his testimony to length of plaintiff’s incarceration, where: (1) plaintiff did not seek mistrial at time reference was made; and (2) Dist. Ct. gave proper curative instruction to jury.