01-3413 Turner v. Miller

Listen to this article

“The verdict form submitted to the jury by the court was three pages in length and divided into separate sections. One section dealt with the negligence claim, and a second section concerned the Eighth Amendment claim. The jury’s verdict was returned only as to the negligence claim, and no verdict was returned with regard to the Eighth Amendment claim. The judgment on the verdict entered by the court simply stated ‘that judgment is entered in favor of the defendants and against plaintiff.’ While the verdict returned concerned only the negligence claim directly, it is our view that it is reasonable to infer that the jury’s verdict on that claim constitutes an adverse finding on Turner’s Eighth Amendment claim. See Klapmeier v. Telecheck Int’l, Inc., 482 F.2d 247, 256 (8th Cir. 1973) (affirming the trial court’s use of a similar inference). Despite lack of jurisdiction over the negligence claim, we believe such an inference is reasonable and appropriate because both claims rested on the same operative facts and because Turner needed to show more than negligence to find deliberate indifference, an essential element of the Eighth Amendment claim.”

Affirmed as modified.

Appeal from the United States District Court for the Northern District of Illinois, Hibbler, J., Kanne, J.