Delano-Pyle v. Victoria County, Tex.

• Decision Date: 03 September 2002
• Docket Number: No. 00-41038.,00-41038.
• Citation: 302 F.3d 567
• Parties: Aubary DELANO-PYLE, Plaintiff-Appellee, v. VICTORIA COUNTY, TEXAS; et al., Defendants, Victoria County, Texas, Defendant-Appellant.
• Court: U.S. Court of Appeals — Fifth Circuit

302 F.3d 567

Aubary DELANO-PYLE, Plaintiff-Appellee, v. VICTORIA COUNTY, TEXAS; et al., Defendants, Victoria County, Texas, Defendant-Appellant.

No. 00-41038.

United States Court of Appeals, Fifth Circuit.

September 3, 2002.

COPYRIGHT MATERIAL OMITTED

Ronald W. Armstrong, Brownsville, TX, Alan J. Rich (argued), Law Offices of Alan

J. Rich, New York City, for Plaintiff-Appellee.

Kevin D. Cullen (argued), Venable Bland Proctor, Jr., Cullen, Carsner, Seerden & Cullen, Victoria, TX, for Defendant-Appellant.

Appeals from the United States District Court for the Southern District of Texas.

Before JONES, EMILIO M. GARZA and STEWART, Circuit Judges.

CARL E. STEWART, Circuit Judge:

Victoria County appeals the district court's denial of its motion for judgment as a matter of law on Aubary Delano-Pyle's ("Pyle") Americans with Disabilities Act ("ADA") and Rehabilitation Act ("RA") claims. For the reasons stated herein, we affirm.

FACTUAL AND PROCEDURAL HISTORY

On July 17, 1998, Pyle, who is severely hearing-impaired, was involved in a car accident when he rear-ended another vehicle traveling on the shoulder of Highway 77 in Victoria County. Victoria County Deputies Anthony Daniel ("Daniel") and Dana Wager ("Wager") arrived at the scene of the accident in response to a report of an incoherent subject at the location. Shortly after the officers arrived, Pyle informed them of his hearing disability. While investigating the accident, Daniel searched Pyle's vehicle and discovered Hydrocodone and Darvocet.¹ Despite his knowledge of Pyle's disability, Daniel proceeded to administer three sobriety tests without asking Pyle which form of communication would be effective for him. Daniel testified that, prior to administering the tests, he turned on the video camera in his patrol car, which is standard procedure when an officer suspects that there may be a need for an arrest.

First, Daniel administered what is known as the "walk and turn" test. This test requires the individual to take nine steps, heel-to-toe, along a straight designated line while counting the steps out loud and watching his feet. After taking nine steps, the subject must then turn around and return to the starting point in the same manner. Daniel demonstrated the test for Pyle, however, Daniel had his back turned to Pyle while giving instructions. Pyle performed the task as demonstrated, but because he did not understand the instructions as communicated, he took more than nine steps before turning around.

Second, Daniel administered a test called the "one-leg stand." This required Pyle to stand on one-leg and count to ten. The videotape revealed that Daniel demonstrated the task, but spoke very quickly when giving instructions. Again, Pyle was able to complete the task as demonstrated, however, he counted to fourteen, rather than ten. Lastly, Daniel conducted a finger-to-nose test. Daniel instructed Pyle to stand straight with his heels together, his arms at his sides, and his head tilted back. He further requested that Pyle touch the end of his nose with his index finger by bringing his arm and hand from his side directly to the end of his nose. In demonstrating this test, Daniel tilted his head back, extended his arms, and reached and touched his nose. With his head still tilted, Daniel requested that Pyle touch his nose six times. Pyle performed the task as demonstrated, however, due to his failure to understand Daniel's instructions, he touched his nose approximately twenty-five times. Daniel concluded that Pyle was unable to complete the tests as instructed, and arrested him for driving while intoxicated.² Pyle asserts that he did not understand the directions given by the officer because he was unable to read his lips and, had he understood, he would have performed the tests as requested. Prior to arresting Pyle, Daniel read him his Miranda warnings. When Daniel asked Pyle if he understood his rights as communicated to him, Pyle did not respond. Daniel testified that he was not sure if Pyle understood either the verbal instructions given by Daniel during the administration of the sobriety tests or the Miranda warnings given at the scene.

At the police station, Daniel read Pyle his legal rights once again and wrote the Miranda warnings on a blackboard. With the knowledge that Pyle is hearing-impaired and may not have understood his verbal communications, Daniel, nonetheless, interrogated him without any accommodations to ensure that Pyle understood the circumstances of his arrest. After the interrogation, Daniel requested that Pyle consent to a blood test. Pyle maintains that Daniel asked him six times before he finally agreed. After passing the blood test, Pyle was released on July 19, 1998.

Subsequently, Pyle filed a lawsuit against Victoria County alleging violations of Title II of the ADA, 42 U.S.C. § 12132, et seq.; section 504 of the RA, 29 U.S.C. § 794, et seq.; chapter 121 of the Texas Human Resources Code ("THRC"); and 42 U.S.C. § 1983. During trial, after Pyle rested, Victoria County moved for judgment as a matter of law pursuant to Rule 50(a) of the Federal Rules of Civil Procedure. The district court granted its motion on the § 1983 claim for denial of medical attention and unauthorized medical testing, but denied the motion as to Pyle's ADA, RA, and THRC claims. As to these claims, the district court ruled that a fact issue existed as to whether there was intentional discrimination or deliberate indifference in Victoria County's treatment of Pyle.

Victoria County presented its case and the claims were submitted to the jury. Victoria County did not renew its motion for judgment as a matter of law. Specifically, the jury found that (1) Pyle, by reason of his hearing disability, was excluded from participation in, or denied the benefits of, the services, programs, or activities of a public entity, or otherwise subjected to discrimination by Victoria County; (2) Victoria County's conduct was intentional; and (3) Victoria County's exclusion, denial, or discrimination proximately caused damages to Pyle. The jury awarded Pyle compensatory damages in the amount of $230,000. Victoria County appeals the denial of judgment as a matter of law on the ADA and RA claims, but does not appeal the denial on the THRC claim.³

STANDARD OF REVIEW

Victoria County appeals the district court's denial of its motion for judgment as a matter of law made at the close of Pyle's case-in-chief. Essentially, it argues that Pyle failed to present sufficient evidence establishing that (1) a policymaker for Victoria County acted with deliberate indifference to the strong likelihood that Pyle's rights under the ADA or the RA would be violated, or (2) its conduct was intentional.

We review a district court's ruling on a Rule 50(a) motion for judgment as a matter of law de novo. Resolution Trust Corp. v. Cramer, 6 F.3d 1102, 1109 (5th Cir.1993). Under this standard, we view all of the evidence "in the light and with all reasonable inferences most favorable to the party opposed to the motion." Id. (citation omitted). A district court may not grant a Rule 50(a) motion "unless a party has been fully heard on an issue and there is no legally sufficient evidentiary basis for a reasonable jury to find for that party on that issue." Fitzgerald v. Weasler Engineering, Inc., 258 F.3d 326, 337 (5th Cir.2001). This court reviews a jury's verdict for sufficiency of the evidence by determining whether

reasonable and fair-minded [jurors] in the exercise of impartial judgment might reach different conclusions.... A mere scintilla is insufficient to present a question for the jury.... However, it is the function of the jury as the traditional finder of facts, and not the Court, to weigh conflicting evidence and inferences, and determine the credibility of witnesses.

MacArthur v. Univ. of Tex. Health Ctr. at Tyler, 45 F.3d 890, 896 (5th Cir.1995) (citation omitted).

According to Rule 50(b) of the Federal Rules of Civil Procedure, it is well-settled that a motion for directed verdict or judgment as a matter of law made at the close of the plaintiff's case-in-chief must be renewed at the close of the all evidence in the case. Id. (citing McCann v. Texas City Refining, Inc., 984 F.2d 667, 671 (5th Cir.1993)). Thus, prior to addressing Victoria County's insufficiency of the evidence claim, we must first determine whether it is procedurally barred from challenging the evidentiary support for the jury's verdict when Victory County failed to renew its motion at the close of all the evidence. As a general rule, a party that fails to renew his motion for judgment as a matter of law at the conclusion of all the evidence waives its right to challenge the sufficiency of the evidence on appeal. United States ex rel. Wallace v. Flintco Inc., 143 F.3d 955, 960 (5th Cir.1998). However, we have excused technical noncompliance with Rule 50(b) in limited circumstances. In cases where this court has departed from the strict requirements of Rule 50(b), the "deviation from the rule was `de minimis,' and the purposes of the rule were deemed accomplished." Polanco v. City of Austin, Tex., 78 F.3d 968, 974 (5th Cir.1996).

We have determined that this rule serves two fundamental purposes: "to enable the trial court to re-examine the sufficiency of the evidence as a matter of law if, after verdict, the court must address a motion for judgment as a matter of law, and to alert the opposing party to the insufficiency of his case before being submitted to the jury." Id. (citation omitted). Thus, we have allowed a party to raise a sufficiency of the evidence contention, although failing to comply with the requirements of Rule 50(b), "when the purposes of the rule have been satisfied because the court has had the opportunity to reconsider sufficiency as a matter of law and because the nonmovant has had the opportunity to cure any insufficiencies." Purcell v. Seguin State Bank & Trust Co., 999 F.2d 950, 956...