Eighth Circuit: United States v. John Fortenberry

 

Statute's description of judgment on the merits looks to actual adjudication of the substantive issues of the claim rather than looking to the procedural rules' definition of judgment on the merits.  A dismissal of a claim against an agent due to a limitations period does not require the dismissal of the claim against the alleged principal under the statute, or under normal principles of vicarious liability.

Abuse of discretion to admit evidence of past bad acts that were time-barred from the suit, as they were more prejudicial than probative.  As it became a theme of the case, limiting instruction was insufficient.

Evidence of retaliation and harassment by non-defendant agents of the municipality was also more prejudicial than probative, as it translated into the theme that the municipality was a bad actor.

Implying that the municipality had indemnified the defendant officers for punitive damages when in fact only compensatory damages were to be covered was an abuse of discretion.

Cumulative evidentiary errors and misleading jury instructions suffice for vacatur and new trial.


United States  v.  John Fortenberry