Corpus v. Bennett

• Decision Date: 07 December 2005
• Docket Number: No. 04-2603.,04-2603.
• Citation: 430 F.3d 912
• Parties: Jose Alonzo CORPUS, Appellant, v. Tony BENNETT, Appellee.
• Court: U.S. Court of Appeals — Eighth Circuit

430 F.3d 912

Jose Alonzo CORPUS, Appellant, v. Tony BENNETT, Appellee.

No. 04-2603.

United States Court of Appeals, Eighth Circuit.

Submitted: September 16, 2005.

Filed: December 7, 2005.

Paul Engh, argued, Minneapolis, MN, for appellant.

Jon K. Iverson, argued, Bloomington, MN, for appellee.

Before MURPHY, BRIGHT, and GRUENDER, Circuit Judges.

GRUENDER, Circuit Judge.

A jury found for Jose Alonzo Corpus on his 42 U.S.C. § 1983 claim for the use of excessive force during pretrial detention and awarded him $75,000 in "nominal" damages. Corpus appeals the ruling of the district court¹ reducing the nominal damages award to one dollar. For the reasons discussed below, we affirm the judgment of the district court.

I. BACKGROUND

On November 18, 1995, Jose Alonzo Corpus was stopped by a Minnesota State Patrol Officer for speeding. A records check revealed an outstanding warrant, and Corpus was arrested and transported to the LeSueur County Jail. Corpus was seated at the desk of Jailer Tony Bennett for the booking process. As Bennett inventoried Corpus's personal belongings, Corpus and Bennett exchanged words. Bennett then reached over the desk and hit Corpus on the top of his head. Corpus responded by throwing a heavy set of keys at Bennett, and a brief scuffle ensued in which Bennett pushed Corpus into a wall and both men fell to the floor. Corpus then returned to his chair. Bennett completed the booking process and apologized for losing his temper. Corpus was held at the jail until a court appearance on Monday, November 20, 1995. At the court appearance, Corpus stated that he had been assaulted by Bennett. An investigator immediately interviewed Corpus. After the interview, Corpus was taken to a local clinic for a medical examination. The examining physician found no serious injury and ordered no treatment.

Corpus attempted to file suit against Bennett, LeSueur County and the LeSueur County sheriff in September 2000 in federal district court, alleging civil rights violations under 42 U.S.C. § 1983 and state tort claims of assault, battery and intentional infliction of emotional distress. The district court found that the complaint stated constitutional claims against only LeSueur County and granted summary judgment to LeSueur County on those claims.² Corpus refiled the claims against Bennett in his individual capacity in November 2001, and the district court recognized a properly stated § 1983 claim based on Corpus's Fourth Amendment right to be free of excessive force during pretrial detention. That claim proceeded to jury trial in May 2004.

Jury Instruction No. 27, to which Corpus did not object, stated: "If you find that plaintiff is entitled to a verdict in accordance with these instructions, but do not find that the plaintiff has sustained substantial damages, then you may return a verdict for plaintiff in some nominal sum such as one dollar." In addition, the jury was provided with a special verdict form³ to which Corpus also did not object.

The jury answered "yes" to Question 1 and "no" to Question 2 on the special verdict form, thereby making a finding that Bennett used excessive force but that this force was not a direct cause of any injury to Corpus. Accordingly, the jury left blank Questions 4 and 5 regarding actual damages. However, in Question 3, the jury entered $75,000 as the "nominal" sum of money that would fairly compensate Corpus for the deprivation of his constitutional rights. The district court sua sponte reduced the award of nominal damages to one dollar and entered judgment. Corpus's motion for a new trial or judgment as a matter of law, which challenged the admission of certain evidence of Corpus's past acts and asserted that the jury's finding of no injury was contrary to the evidence, was denied. Corpus appeals, arguing that the district court erred in reducing the $75,000 damages award and in not offering him a choice between a new trial on damages or a reduced damages award.

II. DISCUSSION

The district court did not exercise its discretion to reduce the $75,000 damages award based on any finding that the amount was unsupported by the facts. Rather, the district court ruled that, due to the jury's finding that Bennett's use of excessive force was not a direct cause of injury to Corpus, the jury's "nominal" damages award must be reduced to a legally nominal sum as a matter of law. We review the district court's ruling on this question of law de novo. Cf. Ross v. Kansas City Power & Light Co., 293 F.3d 1041, 1048 (8th Cir.2002) (reviewing de novo the district court's determination of the constitutionality of a punitive damages award).

Corpus first argues that the jury's award of substantial "nominal" damages on the special verdict form was inconsistent with its special finding of no direct injury.⁴ "Where there is a view of the case that makes the jury's answers to special interrogatories consistent, they must be resolved that way." Lockard v. Missouri Pac. R.R. Co., 894 F.2d 299, 305 (8th Cir.1990) (quoting Gallick v. Baltimore & Ohio R.R. Co., 372 U.S. 108, 119, 83 S.Ct. 659, 9 L.Ed.2d 618 (1963)). In this case, the jury answered "no" to Question 2 on the special verdict form, "Was the use of excessive force by defendant Tony Bennett a direct cause of injuries to plaintiff Jose Corpus?" This is an unambiguous finding that Corpus suffered no compensable injuries at the hands of Bennett. Next, in response to Question 3 on the special verdict form—"If defendant Tony Bennett's use of excessive force was not a direct cause of substantial injuries to plaintiff Jose Corpus, what nominal sum of money will fairly and adequately compensate plaintiff Jose Corpus for the deprivation of his constitutional rights?"—the jury entered $75,000. The introductory clause to Question 3 itself presupposes that Corpus suffered no compensable injuries at the hands of Bennett. Finally, the jury entered no amount for Questions 4 and 5 concerning actual damages caused by Bennett. The jury's answers on the special verdict form are consistent if they are read to find no actual injury to Corpus but to award $75,000 to compensate Corpus for the deprivation of his constitutional rights in the absence of actual injury. The district court did not err in resolving the jury's answers to the special interrogatories in this consistent fashion.⁵

Nor did the district court err in reducing the damages award to a nominal sum. "[W]hatever the constitutional basis for § 1983 liability, such damages must always be designed `to compensate injuries caused by the [constitutional] deprivation.'" Memphis Cmty. Sch. Dist. v. Stachura, 477 U.S. 299, 309, 106 S.Ct. 2537, 91 L.Ed.2d 249 (1986) (quoting Carey v. Piphus, 435 U.S. 247, 265, 98 S.Ct. 1042, 55 L.Ed.2d 252 (1978)) (emphasis and second set of brackets in Stachura). Because the jury unambiguously found that Bennett's use of excessive force caused no direct injury to Corpus, an award of substantial damages cannot be permitted in this case. Instead, nominal damages are the appropriate means "to vindicate constitutional rights whose deprivation has not caused an actual, provable injury." Westcott v. Crinklaw, 133 F.3d 658, 662 (8th Cir.1998). Despite an instruction that any nominal damages should be awarded in a "sum such as one dollar," the jury decided that, in the absence of actual damages, $75,000 would be appropriate to vindicate Corpus's constitutional rights. Therefore, the district court had a duty to make the nominal damages award conform to the law. Cf. Ross, 293 F.3d at 1049 ("[A] court has a mandatory duty to correct an unconstitutionally excessive verdict so that it conforms to the requirements of the due process clause.") (quoting Johansen v. Combustion Eng'g, Inc., 170 F.3d 1320, 1331 (11th Cir.1999)). Finally, one dollar is recognized as an appropriate value for nominal damages. See, e.g., Risdal v. Halford, 209 F.3d 1071, 1073 (8th Cir.2000) (instructing the district court to award one dollar in nominal damages where a jury found for the § 1983 plaintiff but found no actual damages). The district court did not err in reducing the nominal damages award to one dollar.

We next address Corpus's contention that the district court erred in not offering him a choice between a new trial on damages or a reduced damages award. "The decision to order remittitur is circumscribed by the Seventh Amendment" right to a jury trial. Thorne v. Welk Inv., Inc., 197 F.3d 1205, 1212 (8th Cir.1999). However, although the wording of the district court's order in this case "remits" the damages award to one dollar, the order was not technically a remittitur. We have contrasted remittitur with a reduction of damages to conform with the applicable law in the context of the reduction of punitive damages awards to comport with due process:

A remittitur is a substitution of the court's judgment for that of the jury regarding the appropriate award of damages. The court orders a remittitur when it believes the jury's award is unreasonable on the facts. A constitutional reduction, on the other hand, is a determination that the law does not permit the award. Unlike a remittitur, which is discretionary with the court ... a court has a mandatory duty to correct an unconstitutionally excessive verdict so that it conforms to the requirements of the due process clause.

Ross, 293 F.3d at 1049 (quoting Johansen, 170 F.3d at 1331) (emphasis in Johansen).

Here, the district court did not substitute its own evaluation of the evidence regarding damages for the jury's factual findings. Instead, the district court made "a determination that the law does not permit the award," id., and followed its duty to reduce the nominal damages award to conform with the law. Therefore, Corpus's Seventh Amendment right to a jury trial was not implicated, and the district court was not required to offer Corpus the option of a new trial on damages if he did not consent to the reduced damages award. Ross, ...