Chicago, Illinois 60604 Submitted October 25, 2005 Decided October 28, 2005 Before… v. Wayne County Auditor’s Office

United States Court of Appeals
For the Seventh Circuit
Chicago, Illinois 60604
Submitted October 25, 2005
Decided October 28, 2005
Before
Hon. FRANK H. EASTERBROOK, Circuit Judge
Hon. DANIEL A. MANION, Circuit Judge
Hon. ILANA DIAMOND ROVNER, Circuit Judge
CAROLYN S. FAIN,
Plaintiff-Appellant,
No. 05-2141 v.
WAYNE COUNTY AUDITOR’S OFFICE,
Defendant-Appellee.
Appeal from the United
States District Court
for the Southern
District of Indiana,
Indianapolis Division.
No. 00 C 385
Larry J. McKinney,
Chief Judge.
Order
On remand from our decision of last fall, a jury trial was
held and the jury returned a verdict for the defendant.
Plaintiff does not contend that any error occurred in the
handling of the evidence or the instructions to the jury. She
contends that she is entitled to another trial nonetheless
because one of the jurors revealed information that may have led
to witness tampering. That contention was never presented to the
district court, so it has been forfeited. Moreover, it is not
based on any evidence of record, and plaintiff's brief does not
contain any citations to evidence (even to a post-trial
affidavit) that would support her contentions.
UNPUBLISHED ORDER
Not to be cited per Circuit Rule 53

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No. 05-2141 Page 2
The juror in question did mention the litigation to his
wife. The district judge held a brief
voir dire and inquired
exactly what had been said (the juror expressed surprise that he
had been chosen to serve, as he knows the plaintiff). The judge
asked whether the juror had said anything else to anyone else;
he replied that he had not. Counsel for the plaintiff accepted
this answer and did not ask that the juror be replaced. Nothing
more was said until plaintiff's appellate brief, and as we have
observed the record contains no evidence suggesting that any
improprieties have occurred.
Affirmed

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