164399P.pdf   07/13/2018  Calvin Fletcher, Sr.  v.  Joseph Tomlinson
   U.S. Court of Appeals Case No:  16-4399
   U.S. District Court for the Eastern District of Missouri - St. Louis   
   [PUBLISHED] [Smith, Author, with Arnold and Kelly, Circuit Judges] 
   Civil case - Civil rights. In an action alleging defendant St. Louis 
   police officers violated plaintiff's civil rights by using excessive force 
   during his arrest, the district court did not abuse its discretion in 
   admitting the deposition testimony of an unavailable medical expert 
   witness as the doctor was qualified as an expert, he had been subjected to 
   extensive cross-examination during his deposition, he was unavailable as 
   defined by Rule 804(a)(5) and Rule 32(a), and defendants had been given 
   notice of plaintiff's intent to present the evidence by reading the 
   deposition; the district court did not err in submitting plaintiff's 
   punitive damage claim to the jury, as the claim was supported by 
   sufficient evidence; likewise, the jury's award of punitive damage against 
   defendant police officer Moton was supported by substantial evidence; the 
   district court did not err in denying the officers' Rule 59(e) motion to 
   deduct from the judgment amount sums plaintiff had received from pretrial 
   settlements with other defendants; the officers were using the motion to 
   raise a legal argument not previously submitted, and Rule 59(e) cannot be 
   used in that fashion.