Samuel S. Stive v. United States
Court of Appeals for the Seventh Circuit
1Opinion of the Court
POSNER, Circuit Judge.
Samuel Stive brought suit against the United States under the Federal Tort Claims Act for battery by two police officers employed by the Department of Veterans Affairs at a VA hospital in Illinois. Applying Illinois law, which requires in a suit for battery against law enforcement officers that the plaintiff prove that the officers acted willfully and wantonly, the district judge ruled after a bench trial (the only kind available in a suit under the Act) that Stive had proved his case. The judge awarded him $87,000 in damages and later some $49,000 in attorneys’ fees. It…
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