Dist. Ct. did not err in denying plaintiff-prisoner's motion for new trial after jury found in favor of defendants-prison officials in section 1983 action, alleging that defendants violated his 8th Amendment rights by subjecting him to cruel and unusual punishment by beating him and then parading him around naked in front of other prisoners. While plaintiff asserted that he was entitled to new trial, where Dist. Ct. allowed prison nurse to testify as undisclosed expert that there could be possibility of bruising on plaintiff if beating as he described actually occurred, and that she saw no such bruising, said testimony did not constitute expert opinion that was required to be disclosed prior to trial, since it represented only ordinary and percipient observations of nurse or other health care professional. Moreover, any error, if any, was harmless, where plaintiff opened door to such testimony when plaintiff's counsel had previously asked prison nurse if, in her view, it was possible to feel pain without showing visible symptoms. Also, Ct. of Appeals observed that plaintiff did not establish prejudice in nurse's testimony, where plaintiff essentially lost his case because jury did not find plaintiff credible.
Federal 7th Circuit Court
Civil Court
Evidence