Hanig v. Lee

• Decision Date: 18 July 2005
• Docket Number: No. 04-2758.,No. 04-2802.,04-2758.,04-2802.
• Citation: 415 F.3d 822
• Parties: Adam J. HANIG, Appellee and Cross-Appellant, v. Lisa Anne LEE, Appellant and Cross-Appellee and City of Rapid City, Cross-Appellee.
• Court: U.S. Court of Appeals — Eighth Circuit

415 F.3d 822

Adam J. HANIG, Appellee and Cross-Appellant, v. Lisa Anne LEE, Appellant and Cross-Appellee and City of Rapid City, Cross-Appellee.

No. 04-2758.

No. 04-2802.

United States Court of Appeals, Eighth Circuit.

Submitted: May 13, 2005.

Filed: July 18, 2005.

John K. Nooney, argued, Rapid City, SD, for appellant.

Kenneth R. Dewell, argued, Rapid City, SD (Aaron D. Eisland, the brief), for appellee.

Before WOLLMAN, COLLOTON, and BENTON, Circuit Judges.

BENTON, Circuit Judge.

On October 17, 2000, sixteen-year-old Adam J. Hanig and three friends were skateboarding in the parking lot of the civic center in Rapid City, South Dakota. Hanig was arrested by Officer Lisa Anne Lee of the city Police Department. Taking him into custody, Officer Lee applied handcuffs and put him in her patrol car.

Hanig sued Lee and the city under 42 U.S.C. § 1983 and pendent state claims. A jury returned a verdict for Hanig finding Lee violated his Fourth Amendment rights by using excessive force in the arrest and negligently applying the handcuffs. Lee appeals the jury verdict awarding a total of $153,000 in damages. Hanig cross-appeals the grant of attorney's fees by the district court.¹ Jurisdiction being proper under 28 U.S.C. § 1291, this court affirms.

I.

Lee argues that the district court should have directed a verdict in her favor based on the defense of qualified immunity. This court reviews de novo denials of motions for directed verdict. See Grogg v. Missouri Pacific Railroad Co., 841 F.2d 210, 212 (8th Cir.1988). All inferences reasonably drawn from the evidence must be given to the non-moving party; the trial court's decision will only be overturned if the appellate court, reviewing the evidence de novo, concludes that "no reasonable juror could have returned a verdict in the non-moving party's favor." Goff v. Bise, 173 F.3d 1068, 1073 (8th Cir.1999); Hill v. McKinley, 311 F.3d 899, 902 (8th Cir.2002).

Qualified immunity is not just a defense to liability, it constitutes immunity from suit. Saucier v. Katz, 533 U.S. 194, 200, 121 S.Ct. 2151, 150 L.Ed.2d 272 (2001). The threshold issue — and the only issue in this appeal — is whether the facts show the officer's actions violated a constitutional right. Id. at 201, 121 S.Ct. 2151. The evidence was clear (from the senior officer present at the scene) that Officer Lee improperly applied the handcuffs, causing Hanig significant pain and severe bruising.

Lee asserts, however, that Hanig did not sufficiently prove long-term or permanent physical injury. An "actual injury" must be shown to support an excessive force claim under the Fourth Amendment. Dawkins v. Graham, 50 F.3d 532, 535 (8th Cir.1995). For the application of handcuffs to amount to excessive force, there must be something beyond minor injuries. Crumley v. City of St. Paul, 324 F.3d 1003, 1008 (8th Cir.2003).

Lee invokes Foster v. Metropolitan Airports Commission, 914 F.2d 1076 (8th Cir.1990), and Crumley v. City of St. Paul, 324 F.3d at 1008. In Foster, "nerve damage" from being handcuffed too tightly did not constitute actual injury without "medical records indicating . . . any long-term injury as a result of the handcuffs." 914 F.2d at 1082. Affirming summary judgment, this court stated: "We do not believe . . . allegations of pain as a result of being handcuffed, without some evidence of more permanent injury, are sufficient to support his claim of excessive force." Id.

In Crumley, also affirming summary judgment, this court concluded that no reasonable jury could have found excessive force in applying handcuffs, because the plaintiff failed to allege or present any medical records indicating a long-term or permanent physical injury. 324 F.3d at 1008.

Here, the jury heard testimony from (1) Hanig's treating orthopedic surgeon that he suffered a 1.3% permanent impairment of his upper right extremity, (2) a vocational rehabilitation expert that Hanig suffered a 13% vocational disability, and (3) an economist that his life-time economic loss was $180,063. This distinguishes Foster and Crumley. Although the surgeon acknowledged that his opinion was founded on Hanig's subjective complaints and not independently supported by objective findings, the surgeon's opinion was uncontradicted at trial, and the jury had an opportunity to judge the credibility of Hanig's subjective complaints at trial. Giving Hanig the benefit of all reasonable inferences from the evidence, the jury's verdict was not unreasonable. The district court did not err in denying Lee's motion for directed verdict.

II.

Hanig argues that the district court should have granted more than $51,692.15 in attorney's fees, of the $85,457.33 he requested. Specifically, Hanig asserts that the district court improperly reduced the hourly rates for attorneys Kenneth R. Dewell, Gregory A. Eiesland, and Aaron D. Eiesland.

Attorney's fees are within the broad discretion of the district court and will not be reversed absent an abuse of discretion. See Harmon v. City of Kansas City, 197 F.3d 321, 329 (8th Cir.1999). Under 42 U.S.C. § 1988(b), a prevailing party in a § 1983 action is entitled to reasonable attorney's fees. See Hensley v. Eckerhart, 461 U.S. 424, 429, 103 S.Ct. 1933, 76 L.Ed.2d 40 (1983). "The starting point in determining attorney fees is the lodestar, which is calculated by multiplying...