Perrin v. Anderson case brief

Perrin v. Anderson case brief

784 F.2d 1040

CASE SYNOPSIS: Plaintiff, administratrix and guardian of the decedent's son, brought a 42 U.S.C.S. § 1983 civil rights action seeking compensatory and punitive damages against defendant highway patrolmen for the deprivation of the decedent's civil rights when the patrolmen shot and killed him. Pursuant to a jury verdict, the U.S. District Court for the Western District of Oklahoma entered judgment in favor of the patrolmen. The administratrix appealed.

FACTS: The administratrix argued that the district court erred in admitting testimony concerning the decedent's previous violent encounters with police, a shooting review board report, a statement that the patrolmen would be personally liable, and evidence of pornography in the decedent's home.

ANALYSIS:

The court disagreed. The previous violent encounters with police were not admissible as evidence of character but were admissible as evidence of habit. The limitations on the methods of proving character did not apply to habits. The board report was properly admitted as a record of a public agency. The statement concerning personal liability was proper because the jury needed to know the impact an award would have on the patrolmen to properly assess punitive damages. The great quantity of pornography in the decedent's home, which was readily accessible to his six-year old son, was admissible because it was relevant to the damages sought on behalf of the son. The court did not concluded that accessibility of the pornography diminished the value of the decedent's relationship to his son but only that it was relevant to the nature of the influence the decedent was having on his son.

CONCLUSION: The judgment in favor of the patrolmen was affirmed.

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