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STIVE v. U.S.

No. 03-2151.

366 F.3d 520 (2004)

Samuel S. STIVE, Plaintiff-Appellee, v. UNITED STATES of America, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided April 28, 2004.

Attorney(s) appearing for the Case

Gregory E. Kulis, Shehnaz I. Mansuri (argued), Kulis & Associates, Chicago, IL, for Plaintiff-Appellee.

Jeffrey S. Bucholtz (argued), Mary K. Doyle, Department of Justice, Washington, DC, for Defendant-Appellant.

Before POSNER, RIPPLE, and EVANS, Circuit Judges.

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...

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