DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
053329P.pdf 09/22/2006 Jeffrey C. Rahn v. Vickie Hawkins et al
U.S. Court of Appeals Case No: 05-3329
Eastern District of Missouri
[PUBLISHED] [Arnold, Author, with Loken, Chief Judge, and Doty,
District Judge]
Civil case - Civil Rights. Jury was instructed improperly on the use of
deadly force, and the error requires reversal of the jury verdicts for
defendants Hawkins and Jensen and a remand for a new trial; there was
no evidence that the third defendant, Officer Fitzgerald, used deadly
force, so the instructional error does not apply to the judgement in his
favor; while the district court erred in instructing the parties that it
would only allow them two peremptory challenges, the error did not
seriously effect the fairness, integrity or public reputation of
judicial proceedings, and did not require reversal; district court
should have allowed plaintiff to cross-examine a police officer witness
about statements in a pamphlet given out at a police award ceremony, but
the error did not effect any substantial rights and did not require
reversal; defendants had standing to object to the deposition of a
third party on the ground they did not receive proper notice of the
deposition, and the district court did not err in quashing the
deposition; district court did not abuse its discretion in denying
plaintiff's motions to amend pleadings, join additional parties or
conduct discovery as he failed to show good cause for modifying the
scheduling order in the case.