Arreola v. Choudry

• Decision Date: 14 July 2008
• Docket Number: No. 07-2696.,07-2696.
• Citation: 533 F.3d 601
• Parties: Gilbert R. ARREOLA, Plaintiff-Appellant, v. Mohammed CHOUDRY, M.D., Defendant-Appellee.
• Court: U.S. Court of Appeals — Seventh Circuit

533 F.3d 601

Gilbert R. ARREOLA, Plaintiff-Appellant, v. Mohammed CHOUDRY, M.D., Defendant-Appellee.

No. 07-2696.

United States Court of Appeals, Seventh Circuit.

Argued January 25, 2008.

Decided July 14, 2008.

Laura D. Cullison (argued), Carl Tullson, Skadden, Arps, Slate, Meagher & Flom, Chicago, IL, for Plaintiff-Appellant.

Karen L. Kendall, Craig L. Unrath, Heyl, Royster, Voelker & Allen, Peoria, IL, Dominick L. Lanzito, Querrey & Harrow, Chicago, IL, for Defendant-Appellee.

Paul A. Castiglione (argued), Office of the Cook County State's Attorney, Chicago, IL, for Salvador A Godinez.

Before BAUER, WOOD and EVANS, Circuit Judges.

BAUER, Circuit Judge.

Gilbert Arreola brought this action under 42 U.S.C. § 1983, alleging that prison doctor Mohammed Choudry's treatment of his injured ankle constituted a deliberate indifference to a medical need in violation of the Eighth Amendment. Following a two-day trial, a jury found in favor of Dr. Choudry. Arreola moved for a new trial, arguing that conversations between his lawyer and various jury members after the verdict revealed that the foreperson was biased. The district court denied the motion. Arreola challenges the refusal to grant a new trial, arguing that his due process rights were violated and the court misapplied the standard for evaluating juror bias set forth in McDonough Power Equipment, Inc. v. Greenwood, 464 U.S. 548, 556, 104 S.Ct. 845, 78 L.Ed.2d 663 (1984).¹ For the following reasons, we affirm.

I. BACKGROUND

In 2003, Arreola, a prisoner at Hill Correctional Center, injured his ankle during a soccer match and was taken to the prison infirmary for treatment. Dr. Choudry examined him and found no bone tenderness. Based on Arreola's symptoms, Dr. Choudry diagnosed him with a sprained ankle, ordered him back to his cell, and scheduled a follow-up visit in seven to ten days. Days later, Arreola was transferred to Cook County Jail, where another doctor took an x-ray of his ankle and determined that Arreola had a broken ankle. Arreola brought this suit, alleging that Dr. Choudry failed to conduct a proper examination of his ankle to determine the nature of the injury. The central issue at trial was whether Dr. Choudry's treatment of Arreola's ankle constituted deliberate indifference to Arreola's serious medical needs.

The jury voir dire process began with each prospective juror's completion of a written questionnaire. Question 19 asked: "Have you or any family member ever had a broken or severely sprained ankle, foot, or leg?" Juror Laterza, who was later elected foreperson, answered "no." Fourteen prospective jurors answered this question affirmatively, and Judge Kennelly conducted a series of follow-up questions to clarify the extent of the injuries and whether there had been any problems with the medical treatment.

Arreola challenged two jurors for cause, based on their personal experiences with ankle sprains suffered by family members. Judge Kennelly questioned them further by asking whether they would be able to put aside those experiences; both replied they could and Arreola withdrew his challenge to these jurors. Judge Kennelly seated twelve jurors, six of whom had answered affirmatively to the question involving ankle injuries.

The jury returned a verdict in favor of Dr. Choudry; later Judge Kennelly permitted both parties to speak to the jurors. Arreola's counsel filed a Motion for New Trial, supported by her own affidavit recounting her conversations with the jurors. The affidavit stated that Juror Laterza, who answered "no" to Question 19, told Arreola's counsel that she had once suffered a bad ankle sprain, and that based on this experience, she had no problem believing that Dr. Choudry could press on Arreola's ankle without finding tenderness. Counsel also stated that information she obtained from another juror during the post-trial interview indicated that the jury had given weight to Laterza's experience during deliberations.

Judge Kennelly made further inquiry and arranged for Laterza to be available by telephone. He requested that both parties submit questions to ask Laterza. Arreola's questions included: Did you see a doctor regarding your ankle sprain? Did you compare the actions taken by your doctor regarding your ankle sprain with the actions taken by Dr. Choudry regarding Arreola's ankle injury? Did you discuss this comparison with the other jurors? Did you disclose your sprained ankle on your Juror Questionnaire form, and if not, why? Judge Kennelly rejected these questions, particularly those involving juror deliberations, commenting that the conversation would "be done in a way that does not do anything that in the least bit will deter any person from wanting to serve on a jury."

Judge Kennelly placed the call to Laterza with both parties' counsel and a court reporter present. He began the conversation by asking Laterza whether she had told Arreola's counsel after trial that she had suffered a sprained ankle, and Laterza responded, "You know what? I did." The following discussion then took place:

Judge: Was it a sprain that you regard as a severe sprain?

Laterza: It hurt to walk. Oh, my gosh, yes, I did.

Judge: So when you answered "no" on that particular question—In other words, the question didn't say whether you had a sprained ankle. It said: Have you had a severely sprained ankle? Would you have regarded it as a severe sprain?

Laterza: Well, I still went on vacation. I mean, it was—I mean, I still worked and I still went on—I had plans. I went on a cruise, and I went on the vacation. I mean, I did the tours and everything.

Judge: How long after the sprain did you do that?

Laterza: Oh, immediately. It was like—I think I had to work the next day and then I was leaving that Saturday.

Judge: So you didn't miss any work, in other words?

Laterza: No.

Judge: And then you went right on vacation within a day or two after?

Laterza: Right.

Judge: I mean, if I were to ask you today, have you ever had a—the wording is important here— have you ever had a severely sprained ankle, how would you answer that; yes or no?

Laterza: Okay, but what degree now are you talking severe?

Judge: Actually that is a really darned good question, and I guess the answer is—

Laterza: It hurt.

Judge: It would be a question of whether you regarded it as severe. So did you have—would you regard the sprained ankle you had as a severe sprain?

Laterza: No.

Judge: Okay. And when you answered the question on the questionnaire "no," were you trying to conceal or hide anything or anything like that?

Laterza: No. You know what? I forgot about it.

Judge: All right. But even now, you would not regard this—because of the way it was, you would not have regarded it as a severe sprain; is that a fair characterization?

Laterza: Well, severe being that, okay, it hurt—

Judge: Yes.

Laterza:—but I still functioned.

Judge: Okay. So, in other words, if I were to ask you right now, do you regard that as having been a sprain that you would characterize as a severe sprain, would you say it was severe or it wasn't severe?

Laterza: I would have to say no because I was able to walk.

Judge Kennelly ended the conversation, and subsequently denied the motion for new trial in a written order, concluding that, under McDonough, Laterza was not dishonest because (1) she had not recalled the injury at the time she filled out the questionnaire, and (2) Arreola failed to even prove that Laterza's answer was incorrect because she affirmed that she would not have regarded it as a severe sprain that would have called for an affirmative answer on the questionnaire.

II. ANALYSIS

We review a decision to deny a motion for a new trial based on juror bias for an abuse of discretion. Artis v. Hitachi Zosen Clearing Inc., 967 F.2d 1132, 1141 (7th Cir.1992). "[T]here are `compelling institutional considerations militating' in favor of appellate deference to the trial judge's evaluation of the significance of possible juror bias." United States v. Medina, 430 F.3d 869, 875 (7th Cir.2005) (citation omitted); United States v. Sanders, 962 F.2d 660, 673 (7th Cir.1992) ("The trial judge will always be in a better position than the appellate judges to assess the probable reactions of jurors in a case over which he has presided.") (citation omitted). The Fifth and Sixth Amendments guarantee due process of law and trial by an impartial jury. United States v. Brodnicki, 516 F.3d 570, 574 (7th Cir.2008). Trial courts have wide discretion in deciding a motion for a new trial. United States v. McClinton, 135 F.3d 1178, 1186 (7th Cir.1998).

Arreola first contends that he must be retried because the "truncated" juror bias hearing in Judge Kennelly's chambers violated his procedural due process rights. Arreola argues that as soon as Judge Kennelly determined that a hearing was necessary, he was entitled to a meaningful hearing. Specifically, he argues that Laterza was not sworn in, he did not have an opportunity to cross-examine Laterza or call witnesses, and thus, the proceeding failed to provide him with a meaningful opportunity to be heard.

Due process does not require a new trial every time jurors have been placed in a potentially compromising situation. Rushen v. Spain, 464 U.S. 114, 118, 104 S.Ct. 453, 78 L.Ed.2d 267 (1983); McClinton, 135 F.3d at 1186. "[D]ue process means a jury capable and willing to decide the case solely on the evidence before it, and a trial judge ever watchful to prevent prejudicial occurrences and to determine the effect of such occurrences when they happen." Oswald v. Bertrand, 374 F.3d 475, 478 (7th Cir.2004) (quoting Smith v. Phillips, 455 U.S. 209, 217, 102 S.Ct. 940, 71 L.Ed.2d 78 (1982)). The nature of the hearing, in which all interested parties are permitted to participate, to some extent should include a determination by the trial judge of the circumstances, the impact of those circumstances on the jury, and whether or not the result of...