ST. LOUIS – The U.S. Court of Appeals for the 8th Circuit has affirmed a jury verdict in favor of correctional officers who were sued by an inmate over allegations they failed to protect him from rape by a cellmate.
In a ruling issued March 19, a three-judge panel found that U.S. District Judge Catherine Perry at the Eastern District of Missouri court did not err in excluding reference to an officer's disciplinary file and allowing testimony about plaintiff's "aggressive behavior toward cellmates."
The suit was filed by Farmington Correctional Center inmate Maurice Walker, who claimed that six days after a new cellmate began living with him in 2012, he was raped.
Walker sued officers Dale White and Catherine Amonds claiming they failed to protect him after he expressed that he feared living with his new cellmate, Jerome Nash.
Before trial, the officers moved to exclude reference to White's discipline record. Walker had wanted to introduce onto the record information from that file that he believed would show White's character as being untruthful, the ruling states.
Perry did not allow Walker to cross-examine White because "the unfair prejudice outweighs the probative value of it," the ruling states.
The appeals panel concluded that any cumulative effect of alleged errors by the trial court did not amount to substantial prejudice.
"Walker argues (officer Douglas) Baker’s testimony introduced 'sexual stereotyping' and 'innuendo into the fact-finding process,'" the ruling states. "But the testimony actually admitted over Walker’s objection was brief. Neither counsel alluded to it again. It was non-inflammatory, not explicitly referencing sexual behavior. Finally, the rape - the factual issue where a jury might use sexual stereotyping or innuendo - was stipulated. Even if improperly admitted, Baker’s testimony did not have a substantial effect on the jury’s verdict."
The appeals panel included Judges Steven M. Colloton, Duane Benton and Ralph R. Erickson.