Simmons, Inc. v. Pinkerton's, Inc.
United States Court of Appeals for the Seventh Circuit
762 F.2d 591 (7th Cir. 1985)
Relevant factsFree
After a fire caused by Pinkerton's (defendant) security guard Hayne damaged Simmons's (plaintiff) warehouse, Hayne had agreed to but never actually taken a polygraph test, then falsely told an investigator he had taken and passed it; at trial, Simmons's counsel asked Hayne on the stand whether he had lied about the polygraph, and he admitted it, with the district court allowing the question under FRE 608(b) and ruling for Simmons.
IssueFree
Whether, under Federal Rule of Evidence 608(b), a party may cross-examine a witness about specific instances of past conduct if that conduct is probative of the witness's character for truthfulness.