Nicholas Stachniak made four claims in his 42 U.S.C. § 1983 action arising from his arrest in the Village of Oak Brook, Illinois, on charges of aggravated battery and resisting arrest, and his conviction on the resisting arrest charge. He sued Oak Brook Police Officers Louis P. Hayes, Susan Srch, Steven Larson, and William Haas in their official capacities alleging that the officers used excessive force in effecting his arrest in violation of his rights under the Fourth, Fifth, and Fourteenth Amendments to the U.S. Constitution. Stachniak also alleged that the Oak Brook Police Department maintained a policy of non-disclosure of internal affairs statements that deprived him of his due process rights under the Fourteenth Amendment, and his right to effective assistance of counsel, his right to confront witnesses, and his right to a fair trial, under the Sixth Amendment.' In addition, Stachniak claimed that Officer Hayes arrested him on false and “exaggerated charges” of aggravated battery and resisting arrest in violation of his due process rights under the Fourteenth Amendment, his right to effective assistance of counsel and right to confront witnesses under the Sixth Amendment, and his right to be free from unreasonable séarches and seizures under the Fourth Amendment. Finally, Stachniak claimed that Officers Hayes and Srch precipitated a malicious prosecution of him by falsely swearing out complaints against him, on behalf of the state of Illinois, for two felony counts of aggravated battery. The defendants Hayes and Srch counterclaimed against Stachniak, alleging that during his arrest he committed battery against them when he shoved Hayes in the chest, punched him in the shoulder, and head-butted him; and when he choked Officer Srch.
At trial, the district judge directed a verdict on the municipal liability claim in favor of the Oak Brook Police Department, finding that the Department’s policy of nondisclosure of internal affairs statements did not violate Stachniak’s constitutional rights under the Sixth and Fourteenth Amendments.
The jury returned verdicts in favor of defendant Officer Hayes on the false arrest claim, and in favor of defendant Officers Larson and Haas on the excessive force claim. The jury awarded Stachniak compensatory damages in the amount of $25,000 against Officers Hayes and Srch on his excessive force claim, but declined to award Stachniak punitive damages. In addition, the jury found in favor of the defendants Hayes and Srch on their battery claim, awarding compensatory damages of $2,500 and $7,500 to the respective officers. The jury also found in favor of Hayes and Srch on the malicious prosecution claim. The district court entered judgment on the jury's verdicts and on July 17, 1991 denied Stachniak’s and the defendant officers’ motions for a new trial. Hayes and Srch appeal the trial court’s denial of their motion for a new trial and the entry of the jury’s verdicts finding they used excessive force in arresting Stachniak; Stachniak cross appeals (1) the jury’s finding in favor of Hayes and Srch on their battery claim; (2) the district court’s directed verdict in favor of the Oak Brook Police Department on the municipal liability claim; and (3) the jury’s failure to award punitive damages on his excessive force claim. We affirm.
I. FACTS
On the evening of December 26, 1988, Stachniak and his friends Don Hanke, Karin Leavitt, and Kurt Birkahn, along with several other acquaintances, were drinking alcoholic beverages at an Oak Brook, Illinois tavern. Stachniak testified that he consumed six or seven beers in the tavern and “definitely was feeling the alcohol”, but did not “think” he “was intoxicated.” Later that evening Stachniak, Hanke, and Leavitt were passengers in Birkahn’s pickup truck when Birkahn was pulled over by Officer Srch for driving without headlights. Officer Srch detected an odor of alcohol on Birkahn’s breath, conducted a field sobriety test, determined that he was unfit to operate a motor vehicle, and placed him under
Shortly thereafter, Stachniak inquired of Margaret Garay, the police department’s communications operator, who was located behind a glass window, as to the length of the DUI processing procedure. Garay testified that she suggested to Stachniak that he take a seat on the bench and wait to ask the arresting officers his questions. Not satisfied with the operator's response, Stachniak began pacing back and forth in front of the windows, tapping on the glass, and speaking loudly through the window grates. Garay testified that Stachniak was very agitated and “he wanted to know what was taking so long and what they were doing.” When Officers Srch and Shuey returned to the reception area with Birkahn, they permitted Birkahn to wait with his friends while the officers completed the bond form. Again, Stachniak returned to the window and badgered the officers with questions about the length of the booking procedure. As Stachniak persisted in challenging Officers Srch and Shuey as to why it was taking so long to release Birkahn, Officer Hayes arrived in the area. Garay advised Hayes that Stachniak was “being real loud and he’s tormenting Sue [Srch] and stuff.” Officer Hayes then took up a position behind the window in hopes that his six foot, three inches and 290 pound presence might dissuade Stachniak from further disruptive conduct. Stachniak again walked over to the window and this time made facial gestures in the direction of Officers Srch and Shuey and began staring at Officer Hayes. At that point Hayes asked Stachniak, “Is there a problem?” After a short conversation, Hayes exited the police area behind the window and asked Stachniak, “[w]hy don’t you just sit down?” '
At this point, the parties’ versions of the incident conflict. We begin with the officers’ version. According to Hayes, Stach-niak refused to sit down and instead “stepped forward toward me and he was standing within about five inches from my face. I detected a strong odor of alcoholic liquor about his breath. I noticed that his eyes were a little bloodshot or glassy and just the way he stepped up to me I felt it was in a combative type stance to come into my area....” Hayes testified that he then “put up [his] hands” and placed his fingertips on Stachniak’s chest, applying fingertip pressure to Stachniak’s chest to push him toward the door, while directing him to leave the police station. Hayes explained at trial that it was police department practice not to permit people who are drunk or disorderly to remain in the station’s lobby because they interfere with police operations. Hayes claims that he directed Stachniak to leave the station and Stachniak refused, asserting “I know my constitutional rights. I don’t have to leave the station.” (Stachniak was a first-year law student.) Officer Hayes then told him “[y]ou are not welcome here anymore. You have been disruptive to the girls and I want you to leave ... Why don’t you go out and wait in the car for your friend. He will be bonded out shortly.” Stachniak responded by pushing Hayes in the chest. Hayes continued hurrying him to the door; Stachniak pushed him again, and Hayes
Stachniak denies almost every element of the officers’ story, and claims that the altercation began when Hayes, pushing him toward the exit door, responded to his question “what have I done wrong,” by stating “you’re under arrest” and then jumping him. Stachniak claims that he only took defensive actions to fend off the attack from Hayes and Srch. He claims that the gash on Hayes’ forehead resulted from the loose handcuff that Srch had placed on his wrist. Stachniak denies punching Hayes or choking Srch, and insists Hayes punched and choked him. Stachniak claims that after he was cuffed, Officer Hayes picked him up and threw him against a wall. (Hayes explains that he pushed Stachniak against a wall because he continued to resist arrest by kicking at the officers.)
After Hayes, Shuey, and Srch succeeded in cuffing his ankles and wrists, Hayes and Larson moved him from the lobby into the secured area of the police station and placed him in the stairwell. The officers did not take him down the stairs where they would normally take an arrestee for processing because they considered Stach-niak too violent and the risk of injury to all concerned too great to convey him down a flight of stairs. After the two officers laid Stachniak on the stairwell landing, he continued to thrash his arms and legs and kick in spite of the cuffs on his hands and ankles. In addition, one loose handcuff was still dangling from Stachniak’s left wrist.
While, in the stairwell, Stachniak alleges that Officer Srch “kicked” him in the ribs and in the buttocks, and that Officer Hayes “kicked” him behind his right ear. Srch explains that while lying in the stairwell Stachniak was moving his arms (he was handcuffed with his arms in front) to swing the loose handcuff on his left wrist and that when she approached Stachniak swung the handcuff at her. She told him to stop, he tried to swing it at her again, and then she “kicked him in the buttocks.” Officer Srch described her kick of Stach-niak’s buttocks as being very light and done without “any force at all.” Officer Hayes admits walking past Stachniak on his way to the booking department with a compress on his eye, but denies kicking Stachniak in the ear. Officer Shuey testified that “the outer portion of [Hayes’] right foot” came into contact with Stach-niak’s head, but she described it as more like a “side swipe” than a kick.
Stachniak and Hayes were taken by ambulance to Hinsdale Hospital for examination and treatment of their injuries. Dr. Mark A. Shaffer, who treated Stachniak, stated in his deposition testimony that there were bruises on Stachniak’s forehead, a controlled nose bleed in both nostrils, abrasions and a one-inch laceration behind the right ear, a non-displaced nasal bone fracture, and a non-displaced tenth rib fracture on Stachniak’s right side.
After Stachniak’s return from the hospital, he was booked on two counts of aggravated battery, one for each of his alleged assaults against Officers Hayes and Srch, and one count of resisting arrest.'
In January 1989, Stachniak’s father filed a complaint with the Oak Brook Police Department asserting that the arresting officers used excessive force against his son. In response, in mid-January 1989, James R. Fleming, the Chief of thé Oak Brook Police Department, initiated an internal investigation of Stachniak’s arrest and assigned Lieutenant Pisarek to conduct the inquiry. Lieutenant Pisarek, in the course of the internal investigation, took statements from Officers Shuey, Larson, and Haas in mid-February 1989, which were later transcribed. Shuey reported in her statement that Haye.s kicked Stachniak in the ear and that Srch kicked Stachniak in the buttocks while he was in the stairwell. Officer Larson’s statement also set forth that Officer Srch kicked Stachniak in the buttocks and the upper thigh while he was lying in the stairwell. 1
In conducting discovery in preparation for Stachniak’s criminal trial, Stachniak’s attorney, Ernest DiBenedetto, served a subpoena on February 6, 1989, seeking “any and all personnel records and/or disciplinary reports of the Village of Oak Brook, Board of Fire and Police Commissioners pertaining to Sgt. Louis P. Hayes and Susan Srch.” Attorney DiBenedetto conceded at trial that the Oak Brook Police Department had complied with this subpoena. Although the Oak Brook Police Department upon request released the personnel records and files of Hayes and Srch, it retained the internal investigation statements of Officers Shuey, Larson and Haas in a segregated, confidential file pursuant to the Oak Brook Police Department’s General Order 82-6 and Rule 6.6 of the Police Department’s Rules and Regulations. 2 The criminal trial against Stachniak on the aggravated battery and resisting arrest charges commenced in May, 1989, but neither the prosecution nor the defense counsel were aware at that time that an internal investigation had been conducted .which included statements of Officers Shuey, Larson and Haas. Stachniak went to trial in the Circuit Court of Du Page County, Illinois, and a jury found him guilty of resisting arrest, but acquitted him on the aggravated battery charge. Thereafter, Stach-niak initiated this § 1983 action. Hayes and Srch counterclaimed against Stachniak, and the cases were consolidated.
II. DEFENDANT OFFICERS HAYES’ AND SRCH’S APPEAL
The test to be applied in determining whether a motion for a new trial should be
Disputed Jury Instructions
The defendants argue that each of the disputed jury' instructions constitutes reversible error, mandating a new trial. We look at jury instructions in the broad context of the entire trial including the court record, the court’s rulings, the allegations set forth in the pleadings, the evidence presented at trial, as well as opening statements and closing arguments of counsel.
Sims v. Mulcahy,
“In general, appellate review of jury instructions is limited. See Binks Mfg. Co. v. National Presto Indus., Inc.,709 F.2d 1109 , 1117 (7th Cir.1983). When reviewing the adequacy of jury instructions, the court should ‘construe them in their entirety and not in artificial isolation.’ Id. at 1117. Reversal is only mandated if the jury’s comprehension of the issues is so misguided that a litigant is prejudiced.”
New Burnham Prairie Homes v. Burnham,
Moreover, if a party fails to make a specific, timely jury instruction objection during trial, an argument regarding that jury instruction is deemed to be waived for purposes of appeal. As we stated in
Bogan v. Stroud,
“Rule 51 of the Federal Rules of Civil Procedure provides that ‘[n]o party may assign as error the giving or the failure to give an instruction unless that party objects thereto before the jury retires to consider its verdict, stating distinctly the matter objected to and the grounds of the objection.’ Fed.R.Civ.P. 51. ‘Not only must the party object to the jury instruction, its “objection must be sufficiently detailed to draw the court’s attention to the defect [in the jury instruction]. ” ’ Sims v. Mulcahy,902 F.2d 524 , 535 (7th Cir.), cert. denied, [498] U.S. [897],111 S.Ct. 249 [112 L.Ed.2d 207 ] (1990) (quoting Williamson v. Handy Button Machine Co.,817 F.2d 1290 , 1295 (7th Cir.1987)).”
When objecting to a jury instruction, the party’s objection must be specific and contemporaneous with the alleged error to give the court an opportunity to correct the error before jury deliberation, if in fact there is error.
Id.; Sims,
A. JURY INSTRUCTION: EXCESSIVE FORCE
The defendants Hayes and Srch challenge two of the excessive force jury instructions given during trial.
The defense counsel argued in the jury-instructions conference that Officer Hayes should not be singled out from the other three officers in the first excessive force instruction as the particular and/or only officer using force in the arrest of Stach-niak. Specifically, the defense counsel stated that the instruction should read: “the defendants allege that the plaintiffs unlawful resistance to his arrest and voluntary intoxication were the sole proximate causes of any injury allegedly sustained by the plaintiff on December 27th, 1988.” Thereafter, the court revised a portion of the first excessive force instruction to include both the plaintiffs and the defendants’ claims and to refer to the arresting officers as “the defendants” so that Officer Hayes would not be singled out. After revision, the first excessive force instruction stated:
“1 will now discuss plaintiffs claim that each of the defendants used excessive force against him.
“The Fourth Amendment to the United States Constitution protects a person from the use of unreasonable force while being arrested by a law enforcement officer, even if the arrest is based upon probable cause. A police officer is never entitled to use more physical force than is reasonably necessary to effect an arrest or to defend himself or another.
“Plaintiff claims that defendant Hayes began beating him without provocation and continued to beat and physically assault him when plaintiff was doing nothing but attempting to defend himself. Plaintiff claims that the other defendants then joined in the assault upon him. Defendants, on the other hand, claim that the plaintiff resisted their attempts to place him under arrest and that they used no more force than was reasonably necessary to effect the arrest and to defend themselves from use of physical force by the plaintiff”
{emphasis added).
During trial both Hayes and Srch failed to object to the revised instruction which included the plaintiffs and Hayes’ and Srch’s claims concerning the type of .force applied when attempting to subdue and take Stachniak into custody. As we observed earlier, Fed.R.Civ.P. 51 states that the failure to object to a jury instruction in a specific and timely manner amounts to waiver of that issue on appeal.
Bogan,
2. Second Excessive Force Instruction
Hayes and Srch claim the second excessive force instruction was erroneous. The second excessive force instruction stated:
“A police officer is prohibited, however, from using more force than is reasonably necessary to effect the arrest or to protect the officer or another from bodily harm. Whether the degree of force used in this case was excessive or ‘unreasonable’ in the constitutional sense is to be determined by you in the light of all the facts and circumstances in the case.”
The defendants argue that the instruction is unfairly repetitive of the first excessive force instruction, which stated that the Fourth Amendment protects “a person from the use of unreasonable force while being arrested by a law enforcement officer.” We disagree. The district court gave the second excessive force instruction in hopes of clarifying the amount of force necessary and reasonable in effecting an arrest. Because our review of the record reveals that the second excessive force instruction did not restate the plaintiff’s and the defendants’ claims concerning the force used to arrest Stachniak and merely instructed the jury to determine whether the force used to arrest Stachniak was necessary and reasonable “in light of all the facts and circumstances in the case,” we refuse to hold the instruction was unfairly repetitive.
The defendant officers also claim that the second excessive force instruction was erroneous because it conflicted with the “objectively reasonableness” standard set
“Determining whether the force used to effect a particular seizure is ‘reasonable’ under the Fourth Amendment requires a careful balancing of ‘the nature and quality of the intrusion on the individual’s Fourth Amendment interests’ against the countervailing governmental interests at stake....
“The calculus of reasonableness must embody allowance for the fact that police officers are often forced to make split-second judgments — in circumstances that are tense, uncertain, and rapidly evolving — about the amount of force that is necessary in a particular situation.
“As in other Fourth Amendment contexts ... the ‘reasonableness’ inquiry in an excessive force case is an objective one: the question is whether the officers’ actions are ‘objectively reasonable’ in light of the facts and circumstances confronting them, without regard to their underlying intent or motivation.”
Id.
at 396-97,
The defendants’ proposed language for the second excessive force instruction was adequately communicated to the jury in the proffered instruction. The jury was informed that a police officer cannot use force to effect an arrest unless it is necessary and reasonable, and the jury was asked to determine whether the defendant officers’ actions were “objectively reasonable” in arresting Stachniak “in light of all the facts and circumstances confronting them, without regard to their underlying intent or motivation.”
Graham,
B. BATTERY INSTRUCTION ON HAYES’ AND SRCH’S COUNTERCLAIM
The defendants Hayes and Srch claim that the district court’s answer.to the jury’s question during the jury deliberations was improper. The jury asked: “We would like further clarification on the counter-defendant [Stachniak] acted without lawful justification [sic]. How much resistance could Nick [Stachniak] put up.” In response, the district court stated:
“That phrase, ‘the eounterdefendant acted without lawful justification,’ is, of course, from the instruction on the coun-terplaintiffs’ burden of proof on their battery claims. I would like to refer you to another of the instructions I gave, and they are not numbered, but this is the twentieth one from the beginning, if you will go 20 pages in....
“It is the instruction that starts, ‘A person is not authorized to use force to resist an arrest which he knows is being made by a police officer even if the person believes the arrest is unlawful. Use of force is justified when a person reasonably believes that it is necessary for the defense of oneself against the immediate use of unlawful force. However, a person must use no more force than appears reasonably necessary in the circumstances.’
“So, in short, Mr. Stachniak was not authorized to use any force in resisting arrest. In the event he reasonably perceived that it was necessary to defend himself, he was entitled to use that degree of force but only that degree of force which he reasonably believed was necessary to defend himself. In using that degree of force and no more, he would have been acting with lawful justification. If he exceeded that degree of force, he would have been acting without lawful justification to that extent. Does that answer your question?”
(emphasis added).
Hayes and Srch argue that the trial court’s response to the jury’s question during deliberations was a supplemental instruction because the trial judge’s oral comment concerning how much force Stachniak was authorized to use in resisting arrest amounted to a departure from the jury instructions agreed upon in the instructions conference. In
Bachman v. St. Monica’s Congregation,
C. JURY INSTRUCTION: NOMINAL DAMAGES
Hayes and Srch contend that the trial judge should have given a nominal damages instruction to the jury. An instruction on nominal damages is only appropriate to “ vindicate constitutional] rights whose deprivation has not caused actual, provable injury.”
Sahagian v. Dickey,
D.JURY INSTRUCTION: MERE INADVERTENCE
Hayes claims that the trial court erred in failing to give the defendants’ “mere inadvertence” instruction. The proffered mere inadvertence instruction stated:
“[N]ot every injury inflicted by an individual acting ‘under color of law’ is a deprivation of a person’s constitutional rights. If an injury results because of an accident or because the officer was negligent, no constitutional deprivation has occurred.”
The defendant officers’ argue the district court should have given a mere inadvertence instruction focusing on Hayes’ alleged kicking of Stachniak while he was laying in the stairwell. As we noted above, Hayes denies that he kicked Stachniak behind the ear as he walked past him in the stairwell. Stachniak contends that Hayes deliberately kicked him. Officer Shuey testified that Hayes “side swipe[d]” Stachniak as he walked by him.
Hayes argues that the district court’s refusal to give the mere inadvertence instruction prejudiced his defense because it represented a ruling “that the defendants were not entitled to pursue more than one theory of defense.” The trial court did not rule that Hayes could not pursue “more than one theory of defense.” The trial court found the giving of an “inadvertence instruction” inappropriate in light of the definition of the word, “kick.” The word “kick” is defined in the American Heritage Dictionary as “to propel by striking with the foot; to strike out with the foot or feet.” American Heritage Dictionary (2d ed. 1982). It is impossible for a “kick” to be inadvertent because a “kick” involves a mental process requiring a calculated judgment to engage the force of the foot in a striking movement while propelling the foot forward toward an object. See id. The district judge refused the inadvertence instruction in reference to Officer Hayes’ kick of Stachniak's ear because “[t]he evidence is it didn’t occur on the one hand, and, on the other hand that it was done deliberately. There isn’t any evidence in this case that it was done [inadvertently].” The record is barren of any testimony supporting Hayes’ assertion that he lost his balance and his foot accidentally came in contact with Stachniak’s ear. We agree with the district court’s reasoning that there was an inherent conflict in giving an inadvertence instruction when the evidence in the record establishes that either Hayes kicked Stachniak intentionally or he did not kick him. Thus, the trial court properly refused to give the inadvertence instruction.
E. EXCLUSION OF DEFENDANTS’ EXPERT WITNESS
Hayes and Srch contend that the district court abused its discretion when it excluded the deposition testimony of the defendants’ proffered expert, John Bowman, an Associate Professor at the University of Illinois’ Police Training Institute. The defendant officers assert that because of this error a new trial is warranted. Bowman’s testimony was offered to establish that Officer Hayes was acting “reasonably] under the circumstances” in striking Stachniak in the nose in an effort to subdue and handcuff him. Generally, we will reverse a district judge’s decision to exclude an expert witness’ testimony only if the judge has abused his discretion in doing so.
United States v. Tipton,
“If scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified as an expert by knowledge, skill, experience, training, or education, may testify thereto in the form of an opinion or otherwise.”
Since Bowman admitted that he was unable to give expert advice regarding the proper use of force to employ against persons resisting arrest, the trial judge properly excluded Bowman’s testimony. The defendant officers’ reliance on
Kladis v. Brezek,
Furthermore, the district court excluded Bowman’s expert testimony in reliance upon Bowman’s stated bias. At his deposition, Bowman stated that he “would probably weigh [his] opinion in favor of the police as opposed to that of persons who were arrested or were involved in the arrest itself....” We have stated that “[credibility is not a proper subject for expert testimony; the jury does not need an expert to tell it whom to believe, and the expert’s ‘stamp of approval’ on a particular witness’ testimony may unduly influence the jury.”
United States v. Benson,
F. SUMMARY
In sum, the defendant officers failed to present a convincing argument to establish that the trial court erred (1) in giving the excessive force instructions and in answering the jury’s question concerning the battery instruction; (2) in failing to give the nominal damages and mere inadvertence instructions; and (3) in excluding the defendants’ expert witness. Therefore, no basis exists for the reversal of the jury’s verdicts and the granting of a new trial on these grounds. Accordingly, we hold that the district court properly denied the defendant officers’ motion for a new trial.
III. STACHNIAK’S CROSS APPEAL
Stachniak cross appeals arguing (1) that the district court erred in granting a directed verdict for the Village of Oak Brook Police Department on his § 1983 claim; and (2) that the jury erred in failing to award him punitive damages on his excessive force claim. 4
A. DIRECTED VERDICT FOR THE VILLAGE OF OAK BROOK POLICE DEPARTMENT
In his § 1983 action, Stachniak sued the Village of Oak Brook Police Department in its official capacity for allegedly violating his due process rights under the Sixth and Fourteenth Amendments. The granting of a directed verdict is proper only where reasonable people, viewing the facts in the light most favorable to the plaintiff, could not conclude that the plaintiff has made out a
prima facie
case.
Rakovich v. Wade,
“[i]n the typical case where a defendant makes only a general request for exculpatory material under Brady v. Maryland,373 U.S. 83 ,83 S.Ct. 1194 [, 1196],10 L.Ed.2d 215 (1963), it is the State that decided which information must be disclosed. Unless defense counsel becomes aware that other exculpatory evidence was withheld and brings it to the court’s attention, the prosecutor’s decision on disclosure is final. Defense counsel has no constitutional right to conduct his own search of the State’s files
Pennsylvania v. Ritchie,
In order for Stachniak to establish municipal liability on the part of the Oak Brook Police Department he must initially identify some policy or custom of the Police Department which resulted in a deprivation of his constitutional rights.
Monell v. Dept. of Soc. Serv. of City of N. Y.
Even had Stachniak been able to demonstrate that the Oak Brook Police Department had a policy of refusing to disclose internal investigation files, his
Monell
claim would still fail because he has not shown how non-disclosure of the internal investigation statements harmed him.
Monell,
Furthermore, the- district court stated:
“the testimony on both sides of the case indicates that whatever the situation was in regard to aggravated battery, Mr. Stachniak was resisting arrest. Most, if not all, of the witnesses who testified for him, his friends who were eye witnesses to the event, testified that the officers were trying to subdue him, handcuff him, and take him into custody. They even testified that Officer Hayes announced that he was under arrest. Their testimony recounts in detail how Mr. Stachniak resisted those efforts. How could the jury in the criminal case conscientiously have come to a different verdict on the resisting arrest charge than the one they did reach? That is not apparent to me.
* * * * * *
“So what I [am] suggesting to you is that these statements are not as big a deal as the plaintiff [Stachniak] in this case seeks to make them out to be because when you ask these witnesses what they meant by those statements, it comes out to be something entirely different than the plaintiff might hope it would be. So I have substantial doubt that the jury in the criminal case would even have regarded the evidence disclosed by these statements as truly affecting the credibility of the police version of what happened in the [station’s] lobby.”
(emphasis added). Since Stachniak’s own witnesses testified that he resisted arrest, the district court concluded that the disclosure of the internal affairs statements would not have affected the jury’s determination of Stachniak’s guilt on the resisting arrest charge. Based on the evidence, the trial judge concluded that Stachniak failed to establish “any causal relationship between non-production of the statements and the guilty verdict on the resisting arrest charge.... ”
Even after viewing the facts in the light most favorable to Stachniak, we agree with the district court that Stachniak failed to establish that the Oak Brook Police Department maintained or enforced a custom or policy of non-disclosure of internal investigation files and failed to show how he was injured by the non-production of the statements. We hold that the district court’s action in granting a directed verdict in favor of the Oak Brook Police Department was proper. 8
B. STACHNIAK’S PUNITIVE DAMAGES CLAIM
Stachniak argues that the jury erred in failing to award him punitive damages on his excessive force claim. We have held that the scope of punitive damages in § 1983 actions is “controlled by a federal common law of damages imposing uniformity in enforcing the Civil Rights Acts.”
Coulter v. Vitale,
The district court instructed the jury that it could award punitive damages to punish Hayes and Srch for their actions in arresting Stachniak if the officers demonstrated a malicious intention to deprive
The record provides a reasonable basis for the jury’s denial of punitive damages. The testimony of both the police officers and Stachniak’s own friends reveal that he struggled violently against the officer’s attempts to arrest him. Hayes testified that he increased his use of force only after Stachniak had stunned him with a head-butt, and especially after Stachniak grabbed Shuey in a stranglehold. Hayes and Srch also disputed Stachniak’s account of the alleged “kicking” in the stairwell. Hayes denied kicking Stachniak at all, and Srch claims she kicked him softly only after he attempted to swing a loose handcuff at her. The jury obviously concluded that the officers used excessive force in reacting to Stachniak’s efforts to resist arrest, but the jury was unpersuaded that their conduct was so egregious as to render punitive damages appropriate. Given the conflicting testimony about the fast-moving, violent confrontation which erupted at the police station, we refuse to substitute our judgment for that of the jury’s concerning the propriety of punitive damages.
IV. CONCLUSION
The judgment of the district court is
Affirmed.
Notes
. Officers Hayes and Srch gave their statements in the internal affairs investigation after Stach-niak's criminal trial.
. On appeal, the cross-appellant Stachniak has failed to make the text of General Order 82-6 and Rule 6.6 of the Oak Brook Police'Department’s Rules and Regulations part of the record. Chief Fleming stated that it was the practice of the Oak Brook Police Department to keep the internal investigation files completely separate from the personnel files and records of the Police Department.
. The defendants Hayes and Srch failed to include the full text of Bowman’s deposition in the record on appeal. The district court read into the record the statements from Bowman's deposition testimony that described his knowledge of Stachniak’s arrest and his opinion on the force that Hayes and Srch used to arrest Stachniak.
. On cross appeal Stachniak also claims that the battery verdict in favor of Officers Hayes and Srch is against the "manifest weight of the evidence" and should be reversed. "The test in this circuit for reviewing a jury verdict on appeal is not whether it was against the weight of the evidence, but whether there is a reasonable basis in the record for the verdict.”
Carmel v. Clapp & Eisenberg, P.C.,
. The Oak Brook Police Department sent the personnel files of Officers Hayes and Srch pursuant to Stachniak's subpoena demanding the production of:
"1. Any and all personnel records and/or disciplinary reports of the Village of Oak Brook, Board of Fire and Police Commissioners pertaining to Sgt. Louis P. Hayes and Susan Srch;
2. A listing of the names, rank and identification number of all employees of the Village of Oak Brook Police Department who were employed and on duty on December 27, 1988 at/or about 12:48 A.M.”
. As we have previously noted, Hayes and Srch gave their statements in the internal affairs investigation after Stachniak’s criminal trial, thus they were unavailable at the time of the criminal proceedings.
. At the section 1983 trial in June 1991, Shuey attempted to explain the apparent contradiction between her written statement in the February 1989 internal investigation and her testimony in Stachniak's May 1989 criminal trial. She testified that when she was asked in the criminal trial, “Did you ever observe Sergeant Hayes striking or beating up the defendant [Stach-niak],” she responded, "No,” because "to strike someone, it is done with the fist.” Thus, Shuey claims that her criminal trial testimony was truthful because she did not believe that “kicking” someone is the same as “striking or beating up” someone.
. Stachniak also argues that the district court erred in granting the directed verdict because the prosecuting attorney was required, pursuant to the Supreme Court of Illinois' Criminal Discovery Rule 412(c), to turn over all reports and files of its internal affairs investigation. Illinois Supreme Court Rule 412(c) states: "Except as is otherwise provided in these rules as to protective orders, the State shall disclose to defense counsel any material or information within its possession or control which tends to negate the guilt of the accused as to the offense charged or would tend to reduce his punishment therefor.” Because the prosecutor was unaware of the existence of the internal affairs statements before or during Stachniak’s criminal trial, he could not have tendered the internal affairs statements to Stachniak.