Osterhout v. Bd. of County Commissioners of LeFlore Co. OK

Submitted by Re'Neisha Stevenson on Wed, 10/26/2022 - 09:08

Officer struck plaintiff in face with flashlight and kicked him twice in ribs during traffic stop; injuries included broken nasal bones, fracturing of orbital bone requiring surgery, depression and anxiety, lost profits from contract to rehab homes; expert was not required to prove emotional injuries—“[plaintiff] didn’t need Sigmund Freud to connect his later depression and anxiety to the beating”; jury awarded $3 million in compensatory damages, court of appeals affirms district court’s remittitur to $2 million, holds no inconsistency between remittitur and denial of new trial; punitive damages of $1 million were not excessive per detailed analysis under BMW v. Gore.

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Actionable Conduct Edition