United States District Court for the Southern District of Indiana
754 F.Supp. 1394 (S.D. Ind. 1991)
Eileen Whitlock (plaintiff), the administrator of the estate of Richard Gaisor, brought suit against Jackson, et al. (defendants), claiming that the defendants arrested Gaisor and in the process caused him serious injuries which resulted in his death. The jury returned a verdict in favor of Whitlock for $29,700. The jury found the defendants liable for battery, but not for a violation of the ban on unreasonable use of force under the Fourth Amendment. Whitlock filed a motion arguing that the inconsistencies in the jury’s answers to special interrogatories required an additur or a new trial. The defendants claimed that Whitlock’s failure to object to the inconsistencies prior to the jury being discharged constituted a waiver of her claim.
Rule of Law
Holding and Reasoning (McKinney, J.)
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