072499P.pdf   08/29/2008  Craig Boesing  v.  Lt. Joe Spiess
   U.S. Court of Appeals Case No:  07-2499
   U.S. District Court for the Eastern District of Missouri - St. Louis   
   [PUBLISHED] [Shepherd, Author, with Riley and Gruender, Circuit Judges]
   Civil case - civil rights. District court did not err in denying motion
   for new trial based on an argument that the verdict was an improper
   compromise verdict as there is no indication that the jury's damages
   award is inconsistent with its liability findings or grossly inadequate;
   district court did not err in rejecting defendants' claim that the
   verdict for plaintiff on his claim that officers used excessive force
   was a miscarriage of justice; district court did not err in rejecting
   defendants' proposed instruction on the amount of force used as the issue
   in the case was not the amount of force but whether defendant Spiess
   struck plaintiff at all; district court did not err in applying the
   Prison Litigation Reform Act to determine that 1% of plaintiff's verdict
   should be applied to the attorneys' fees award because while the Act
   provides that up to 25 % of the award can be applied, it does not
   automatically require the application of 25% and the court retains
   discretion to apply a lower percentage.