Expert Testimony and Jury Instructions

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7^th Circuit Court of Appeals

Case Name: Michael A. White, et al., v. Steven L. Hefel, et al.,

Case No.: 16-1051

Officials: WOOD, Chief Judge, and ROVNER and SYKES, Circuit Judges.

Focus: Expert Testimony and Jury Instructions

Trying another tack against the GPS evidence, the Whites also argue that the district court erred by refusing at the trial to admit the GPS evidence and some exhibits related to it.

The court concluded that it was expert testimony for purposes of Rule 702. This meant that the Whites had a duty to disclose it to the defendants, FED. R. CIV. P. 26(a)(2), and they had done no such thing. The Whites argue that Ryczek was not an expert, because he was simply explaining the GPS charts and how the data could be used. The Whites also insist on appeal that the court should have allowed the jury to see the computer recreation of the chase prepared by their paralegal. They emphasize that all the paralegal did was to take GPS coordinates, plug them into a bigger map, and deduce the route that each squad car must have taken.

This brings us to the entry and search of the Whites’ home. They begin by arguing that the district court erred when it found that the police had probable cause to enter the house. That finding lay behind the court’s decision to grant judgment as a matter of law on several of the claims.

The Whites also touch on several other alleged errors at the end of their principal brief, including (1) that the court should have permitted Michael Sr. to introduce evidence of his medical bills (according to him, $4,610.37), which he incurred as a result of injuries he suffered when he was pushed down the stairs by the police; (2) that the court erred by instructing the jury that it had to find that the Whites were harmed in order to recover on their excessive‐force claims; and (3) that it gave the jury the option of finding nominal damages of $1, over the Whites’ objection.

Affirmed

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.