Chestnut, Steven J. v. Hall, Terry

284 F.3d 816
CourtCourt of Appeals for the Seventh Circuit
DecidedApril 1, 2002
Docket01-2430
StatusPublished
Cited by1 cases

This text of 284 F.3d 816 (Chestnut, Steven J. v. Hall, Terry) is published on Counsel Stack Legal Research, covering Court of Appeals for the Seventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Chestnut, Steven J. v. Hall, Terry, 284 F.3d 816 (7th Cir. 2002).

Opinion

BAUER, Circuit Judge.

The plaintiffs-appellants filed suit against the defendants-appellees, claiming constitutional rights violations. The case went to trial and a jury returned a verdict in favor of the appellees and against the appellants on all claims. On appeal, the appellants argue that the district court abused its discretion in excluding evidence of a witness’s past misconduct and in submitting flawed instructions to the jury. For the following reasons, we AFFIRM the judgment of the district court.

*818 Background

The appellants are supporters of the International Brotherhood of Teamsters, a union that orchestrated a strike and established a picket line outside of the Overnite Transportation Company’s (“Overnite”) Indianapolis facility to protest claimed unfair labor practices in late 1999. Wackenhut Corporation (“Wackenhut”), a private security firm, was hired by Overnite to provide security during the strike, which was by all accounts riddled with clashes between the union supporters and Overnite employees.

One such incident occurred on the night of December 17, 1999. At approximately 10:00 p.m., Paul Tutsie, a former police officer employed as a supervisor by Wack-enhut, contacted Sergeant Terry Hall of the Indianapolis Police Department. Tut-sie informed Hall that one of his subordinates then working the Overnite location reported that strikers were vandalizing Overnite property. In particular, Tutsie told Hall that one of his subordinates reported that some strikers were throwing down nails in front of the main gate in an effort to block non-striking truckers from entering and exiting. In response to Tut-sie’s call, Hall called for backup and proceeded to the Overnite facility.

Upon arriving at Overnite, Hall, followed by Officers David Neal and Ron Burgess, approached the picket line. Standing near Overnite’s front entrance were all three appellants, Steven J. Chestnut, Kimberly M. Cunningham and Bary L. Brown, and a fourth individual, Bruce Hamilton. What happened next is not altogether clear. The appellants complain that they were “seized, searched and intimidated” by the appellees “without probable cause, a warrant, the consent of the individuals, or exigent circumstances.” Though the appellees concede that they did not have a search warrant when investigating the report of vandalism at Over-nite, they argue that no unlawful search or seizure occurred because (i) their actions were nothing more than a protective pat-down for weapons as a result of a lawful investigatory stop; (ii) even if their conduct amounted to a search, each of the appellants voluntarily consented; 1 and (iii) there existed probable cause that a crime was being or had been committed, and there existed exigent circumstances.

After a three day jury trial and verdict, the district court entered final judgment in favor of the appellees on May 11, 2001. The appellants now seek reversal, arguing that the district court abused its discretion in excluding evidence of a defense witness’s past misconduct and in submitting flawed instructions to the jury. We find these arguments unavailing.

Discussion

A. Excluded Evidence

Prior to trial, the appellants and the appellees filed several motions in li-mine. At issue here is the appellees’ first motion in limine, which sought an order excluding any evidence that witness Paul Tutsie was involved in an incident known as the “Meridian Street Police Brawl” when he was employed by the Indiana Police Department. In support of their motion, the appellees argued that any such evidence was irrelevant to the appellants’ claims and its introduction would be unduly prejudicial. The district court granted the appellees’ motion, finding Tutsie’s in- *819 volvement in the Meridian Street Police Brawl “clearly irrelevant to any issue in this case.” We agree.

The Federal Rules of Evidence define “relevant evidence” as “evidence having any tendency to make the existence of a fact that is of consequence to the determination of the action more probable or less probable than it would be without the evidence.” Fed.R.Evid. 401 (emphasis added). Evidence of Tutsie’s involvement in the Meridian Street Police Brawl is of no consequence to the determination of this action, nor can such evidence reasonably be said to have any tendency making the existence of a fact that is of consequence more or less probable. Tutsie’s role on the night of December 17, 1999-, was limited to relaying information received from a subordinate at Wackenhut that strikers were vandalizing Overnite property. As the district court noted, Tutsie was not even present at the scene when the events giving rise to this lawsuit occurred. Evidence of past misconduct by a witness whose narrow testimony has no bearing at all on the ultimate determination of the action is properly excluded under Rule 401. The district court in no way abused its discretion in excluding evidence of Tut-sie’s past misconduct in this case.

B. Jury Instructions

The appellants also argue that the district court committed reversible error in submitting flawed instructions on warrantless searches. Specifically, the appellants claim that Final Instructions 20 and 23 set forth incorrect statements of the law. With respect to Final Instruction 20, the appellants concede that they did not object to this instruction on the record at trial as required by Rule 51 of the Federal Rules of Civil Procedure. Fed. R.Civ.P. 51 (“At the close of the evidence or at such earlier time during the trial as the court directs ... [n]o party may assign as error the giving or the failure to give an instruction unless that party objects thereto before the jury retires to consider its verdict, stating distinctly the matter objected to and the grounds of the objection.”). Failure to challenge a jury instruction in a civil case results in a waiver and precludes appellate review. Haley v. Gross, 86 F.3d 630, 644 (7th Cir.1996); Nat’l Org. for Women, Inc. v. Scheidler, 267 F.3d 687, 704 (7th Cir.2001) (“[In] a civil trial, not a criminal trial, there is no equivalent of ‘plain error’ review for a challenge that is forfeited rather than waived.”). Notwithstanding, the appellants assert that Final Instruction 20 is properly subject to appellate review because they objected to a similar instruction in the appellees’ proposed jury instructions. We are unpersuaded.

Rule 51 requires not only that objections to jury instructions be made in a timely fashion and on the record, but also with sufficient specificity to apprise the district court of the legal and factual bases for any perceived defect. See, e.g., Knox v. State of Indiana,

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Related

Chestnut v. Hall
284 F.3d 816 (Seventh Circuit, 2002)

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Bluebook (online)
284 F.3d 816, Counsel Stack Legal Research, https://law.counselstack.com/opinion/chestnut-steven-j-v-hall-terry-ca7-2002.