Gill v. Maciejewski

• Decision Date: 04 November 2008
• Docket Number: No. 07-3630.,No. 07-3482.,No. 07-3451.,07-3451.,07-3482.,07-3630.
• Citation: 546 F.3d 557
• Parties: Charles F. GILL, Plaintiff-Appellee, v. Geoff MACIEJEWSKI, acting in his individual capacity as an officer of the University of Minnesota Police Department, Defendant-Appellant.
• Court: U.S. Court of Appeals — Eighth Circuit

546 F.3d 557

Charles F. GILL, Plaintiff-Appellee, v. Geoff MACIEJEWSKI, acting in his individual capacity as an officer of the University of Minnesota Police Department, Defendant-Appellant.

No. 07-3451.

No. 07-3482.

No. 07-3630.

United States Court of Appeals, Eighth Circuit.

Submitted: June 13, 2008.

Filed: November 4, 2008.

Jennifer L. Frisch, argued, Mark B. Rotenberg, on the brief, Minneapolis, MN, for appellant.

Eric William Hageman, argued, Robert Bennett, on the brief, Minneapolis, MN, for appellee.

Before MURPHY, BYE, and SHEPHERD, Circuit Judges.

BYE, Circuit Judge.

Charles F. Gill incurred a "knee drop" to his head while pinned to the ground by University of Minnesota police officers outside a Minneapolis bar, causing several facial fractures and other injuries. Gill brought a 42 U.S.C. § 1983 action against Officer Geoff Maciejewski alleging the use of excessive force. A jury returned a verdict in favor of Gill and awarded damages. The district court¹ denied Maciejewski's motion for judgment as a matter of law (JAML), holding Gill presented sufficient evidence to support his excessive force claim. The district court also denied Maciejewski's motion to reduce the damage award by the amount Gill's health insurer paid to cover the cost of medical treatment, and awarded Gill attorney's fees and costs. On appeal, Maciejewski argues Gill failed to meet his burden of proving excessive force. Maciejewski also challenges the district court's 1) evidentiary rulings and jury instructions, 2) exclusion of testimony regarding Gill's criminal history and statements made by Gill's lawyer, 3) denial of his motion to offset the damage award, and 4) the award of lawyer's fees and costs. We affirm.

I

The facts, viewed in the light most favorable to the nonmoving party, Siebrasse v. U.S. Dep't of Agric., 418 F.3d 847, 850 (8th Cir.2005), are as follows. On January 1, 2005, Gill attended a New Year's Eve party at Sally's Saloon near the University of Minnesota campus. Gill entered the bathroom of the bar during the evening and was struck in the face by a bar patron. Gill pinned the patron against the bathroom wall, and bar security intervened to break up the struggle.

Security escorted Gill out of the bar and ejected him when he attempted to reenter. Gill testified bar security initiated a physical struggle in the parking lot and pinned him against a car. Shortly thereafter, University of Minnesota police officers arrived and intervened. Gill offered no resistance as the officers forced him to the pavement. While restrained and on the ground, Gill observed a police officer, later identified as Maciejewski, carrying a pepperball gun. Gill testified the officer took three steps toward him and dropped a knee to his head.

Maciejewski denied attacking Gill. He conceded, however, he was the only officer carrying a pepperball gun, and Maciejewski was identified by other police officers as the only officer carrying a pepperball gun. Additionally, three of Gill's friends testified the police officer carrying the pepperball gun performed the knee drop.

Gill was arrested and taken to jail. His father posted bail and took him to the hospital where Gill was examined and diagnosed with five facial-bone fractures, a concussion, and bleeding into the brain. The examining physician testified Gill's head injuries were consistent with a knee drop. The injuries required corrective surgery, several days of bed rest, pain medication, sleeping aids, and left Gill with recurring headaches.

II

A

Maciejewski first argues the district court erred in denying his motion for JAML. We review the district court's denial of JAML de novo. Gardner v. Buerger, 82 F.3d 248, 251 (8th Cir.1996). "Judgment as a matter of law is appropriate only when the nonmoving party fails to present enough evidence to permit a reasonable jury to decide in his favor." Id. at 251 (citing Johnson v. Cowell Steel Structures, Inc., 991 F.2d 474, 478 (8th Cir.1993)). The nonmoving party must present more than a "mere scintilla" of evidence, id. at 254 (citing City of Omaha Employees Betterment Ass'n v. Omaha, 883 F.2d 650, 651 (8th Cir.1989)), and we are required to view the evidence in the light most favorable to the prevailing party, Christensen v. Titan Distribution, Inc., 481 F.3d 1085, 1092 (8th Cir.2007). The moving party bears a heavy burden on a motion for JAML. Haynes v. Bee-Line Trucking Co., 80 F.3d 1235, 1238 (8th Cir.1996) (citation omitted).

We analyze Fourth Amendment excessive force claims under a reasonableness standard to determine whether, in light of the facts and circumstances, the officer's actions were objectively reasonable. Graham v. Connor, 490 U.S. 386, 396, 109 S.Ct. 1865, 104 L.Ed.2d 443 (1989). "The calculus of reasonableness must embody allowance for the fact that police officers are often forced to make split-second judgments — in circumstances that are tense, uncertain, and rapidly evolving — about the amount of force that is necessary in a particular situation." Id. at 396-97, 109 S.Ct. 1865. The objectively reasonable standard is viewed from the vantage point of the police officer at the time of arrest or seizure. Wertish v. Krueger, 433 F.3d 1062, 1066 (8th Cir. 2006).

The evidence shows Gill did not resist and complied with the officers' demands. While Gill was pinned to the ground by multiple officers, Maciejewski approached and smashed his knee into the hapless suspect's head. Maciejewski denies the attack but was identified by fellow police officers as the only one carrying a pepperball gun. Other witnesses testified the officer carrying the pepperball gun performed the knee-drop maneuver. Maciejewski's denial notwithstanding, he concedes, under these circumstances, a knee drop to the head would constitute excessive force. Finally, the medical evidence indicates Gill sustained numerous injuries consistent with a knee drop to the head.

This evidence fully supports the jury's finding of excessive force and is sufficient to withstand Maciejewski's JAML motion.

B

Maciejewski next argues the district court improperly excluded evidence of Gill's criminal history, and statements made by Gill's counsel during his criminal trial.

A district court is possessed with broad discretion in its evidentiary rulings made at trial, and we will reverse only if they amount to "a clear and prejudicial abuse of discretion." Lovett ex rel. Lovett v. Union Pac. R.R. Co., 201 F.3d 1074, 1081 (8th Cir.2000). To warrant reversal, an error "must affect a substantial right of the objecting party, and the burden of showing prejudice rests on that party." ACTONet, Ltd. v. Allou Health & Beauty Care, 219 F.3d 836, 848 (8th Cir.2000) (quoting Crest Tankers, Inc., 47 F.3d 292, 296 (8th Cir.1995)). "Only when the evidence excluded is of such a critical nature that there is `no reasonable assurance that the jury would have reached the same conclusion had the evidence been admitted' has a district court so abused its discretion." Stephens v. Rheem Mfg. Co., 220 F.3d 882, 885 (8th Cir.2000) (quoting Adams v. Fuqua Indus., Inc., 820 F.2d 271, 273 (8th Cir.1987)).

Following his arrest, Gill was charged criminally with obstructing legal process and disorderly conduct. A jury acquitted him of both charges. At his criminal trial, Gill testified he had never been convicted of a crime. At his deposition in the § 1983 action, however, he admitted having a criminal history. Gill moved to exclude evidence of his criminal history as well as any reference to his testimony denying the convictions in the criminal trial. He argued the convictions were improper impeachment evidence under Fed.R.Evid. 609, and reference to his earlier inaccurate testimony would be unfairly prejudicial under Fed.R.Evid. 403. Maciejewski argued Gill committed perjury in the criminal proceeding and his denial was admissible under Fed.R.Evid. 608(b) as probative of his character for truthfulness. Based on Gill's deposition testimony, the district court found Gill's incorrect testimony resulted from a mistaken belief and did not evince an intent to mislead. Accordingly, the court rejected Maciejewski's perjury claims and excluded the evidence.

The district court credited Gill's explanation for the false testimony and we find no cause to discount those findings. United States v. McCarthy, 97 F.3d 1562, 1579 (8th Cir.1996) (internal citation omitted) ("Credibility determinations are within the exclusive domain of the district court, and are virtually unreviewable on appeal."). Thus, the evidence was not probative of Gill's character for truthfulness and district court did not abuse its discretion by holding it inadmissible.

Maciejewski next contends the district court erred by excluding a statement made during the criminal trial by Gill's lawyer. During the criminal trial, Gill's lawyer stated: "So almost four months after this incident we still don't know if it was Officer Maciejewski or Sergeant Reineke or Officer Hermes who did the knee drop. No one has accepted responsibility." Maciejewski argues the statement adheres to the evidentiary rule that "statement[s] by a person authorized by the party to make a statement concerning the subject" are admissions against interest. Fed.R.Evid. 801(d)(2)(C)-(D). Maciejewski, however, takes unwarranted liberties with the context of the statement. It is clear from the transcript counsel's statement was prompted by Maciejewski's failure to attend and testify at Gill's criminal trial. Gill's lawyer was calling attention to Maciejewski's inexplicable absence — not suggesting Gill did not know who caused his injuries. Accordingly, the district court properly excluded the statement.

C

Maciejewski next contends the district court's Jury Instruction Number 16 was confusing and constitutes reversible error. We review a district court's jury instructions for abuse of discretion. Warren v. Prejean, 301 F.3d 893, 900 (8th Cir.2002) (citing B & B Hardware, Inc....