Laprime v. Pallazzo ( 1996 )

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
_____________________
No. 95-30883
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VINCENT LaPRIME,
Plaintiff-Appellant,
versus
DR. PALLAZZO, ET AL.,
Defendants,
DAVID WALTERS, JR., Deputy,
Defendant-Appellee.
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Appeal from the United States District Court for the
Eastern District of Louisiana
(94-CV-3130-F)
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October 9, 1996
Before REYNALDO G. GARZA, JOLLY, and DeMOSS, Circuit Judges.
PER CURIAM:*
Vincent LaPrime filed an action under 42 U.S.C. § 1983 against
Deputy David Walters, Jr. and others, alleging that Walters had
injured LaPrime’s wrist by using excessive force while trying to
handcuff LaPrime. A key issue at trial was whether LaPrime had
reacted violently to Walters’ initial attempt to handcuff him. The
*
Pursuant to Local Rule 47.5, the court has determined that
this opinion should not be published and is not precedent except
under the limited circumstances set forth in Local Rule 47.5.4.
district court admitted the testimony of Dr. Richard Richoux, a
psychiatrist who had previously treated LaPrime while LaPrime was
incarcerated in a prison psychiatric ward. Dr. Richoux testified
that LaPrime suffers from anti-social personality disorder, and
that manipulative behavior and aggressive reactions to authority
figures are typical of that disease. LaPrime appeals the jury
verdict against him, arguing that Richoux’s testimony was
inadmissible character evidence under Fed. R. Evid. 404(a).
Rule 404(a) states generally that “[e]vidence of a person’s
character or a trait of character is not admissible for the purpose
of proving action in conformity therewith . . .” The Federal Rules
of Evidence do not define the term “character trait.” Other courts
and authorities, however, have concluded that a character trait is
“an element of one’s disposition.” See United States v. West, 670
F.2d 675, 682 (7th Cir. 1982) (holding that “limited intelligence”
was not a character trait).
Having considered these authorities and the arguments of the
parties, we conclude that Dr. Richoux’s testimony, concerning the
mental disease with which LaPrime had been diagnosed, was properly
admitted as expert medical opinion that would assist the jury in
determining a disputed issue of fact. Fed.R.Evid. 702. Accord-
ingly, the judgment of the district court is
A F F I R M E D.