99-3277 Okai v. Verfuth, et al.

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“The only evidence regarding the substance of the disciplinary reports and the nature of the officers’ suspensions came in the form of affidavits from Lieutenant Verfuth and Officer Zachary. In those affidavits, both officers averred that their suspensions were unrelated to anything that happened to Okai. Although Okai suggests that his failure to provide the trial judge with a copy of the disciplinary reports was caused by the defendants’ refusal to produce them, the record reveals that defendants informed Okai that the reports were not in their possession but instead were in the possession of the Bureau of Prisons, and Okai never sought production of them. In short, Okai, even after being advised as to how to obtain the documents he sought, never made a proper effort to obtain copies of the disciplinary reports in order that he might test the veracity and merit of his theory. Without knowledge of the substance and content of the disciplinary reports, it is impossible for Okai’s theory to be based on anything but mere speculation… In the absence of a scintilla of evidence to demonstrate that the suspensions of Lieutenant Verfuth and Officer Zachary were relevant to establish their motive for allegedly beating the plaintiff, we conclude that the trial judge did not abuse his discretion in excluding the evidence of the suspensions.”

Affirmed.

Appeal from the United States District Court for the Southern District of Illinois, Murphy, J., Coffey, J.