Harris v. Folk Const. Co.
| Decision Date | 06 March 1998 |
| Docket Number | Nos. 96-2680,96-3308,s. 96-2680 |
| Parties | James Earl HARRIS, Husband; Luvenia Harris, Wife, Appellants/Cross-appellees, v. FOLK CONSTRUCTION COMPANY, Appellees/Cross-appellants. |
| Court | U.S. Court of Appeals — Eighth Circuit |
Charles Phillip Boyd, Jr., Little Rock, AR, argued, for Appellants/Cross-appellees.
Gary R. Bratton, Memphis, TN, argued (Gregory W. O'Neal, on the brief), for Appellees/Cross-appellants.
Before McMILLIAN, ROSS and MURPHY, Circuit Judges.
James Earl Harris ("Harris") appeals from a final judgment entered in the United States District Court for the Eastern District of Arkansas upon a jury verdict finding in favor of Folk Construction Company ("Folk"). For reversal, Harris argues that the district court erred in holding that (1) the magistrate judge had proper authority to supervise jury deliberations and to dismiss a juror for cause; (2) the magistrate judge's ex parte communications with the juror were proper; and (3) the jury instruction that defined the term "seaman" was a correct statement of law. Harris also challenges several evidentiary rulings of the district court.
On cross-appeal, Folk contests the district court's denial of its motion for costs, pursuant to Rule 68 of the Federal Rules of Civil Procedure. In addition, Folk moves this court to amend the record to include the affidavit of the deputy courtroom clerk of the district court, Mary Ann Rawls.
For the reasons discussed below, we reverse the judgment of the district court, remand the case for further proceedings, and dismiss Folk's motion and cross-appeal as moot.
Jurisdiction was proper in the district court based upon 46 U.S.C.App. § 688 et seq., and 28 U.S.C. § 1332. Jurisdiction on appeal is proper based upon 28 U.S.C. § 1291. The notice of appeal was timely filed under Rule 4(a) of the Federal Rules of Appellate Procedure.
For purposes of this opinion, only a brief outline of the facts supporting the underlying claims is required. Harris was injured on September 4, 1991, while working on the crew of the dredge ship Cathy M. At the time in question, the Cathy M. was dredging the St. Francis River and the St. Francis River basin in Arkansas pursuant to a contract between Folk and the United States Corps of Engineers. Folk ran the dredging operation. Harris was an employee of Folk.
On December 15, 1993, Harris filed a claim to recover for the injuries that he sustained in the accident. 1 Harris's causes of action were based on the Jones Act, 46 U.S.C.App. § 688 et seq., and the general maritime doctrine of unseaworthiness. Each claim required Harris to prove that he was a "seaman" at the time of the accident. A jury was charged with determining this discrete issue.
The trial commenced on May 6, 1996, in Pine Bluff, Arkansas, with a district judge presiding. The jury began deliberations on Friday, May 10, 1996. Having not reached a verdict by the close of court, the jury was instructed to return on Monday, May 13, 1996, to continue deliberations. However, in reliance on the parties' estimations that the case would conclude on May 9, 1996, the district judge had previously scheduled a trial to begin in Little Rock, Arkansas, on May 13, 1996. In light of this conflict, the deputy courtroom clerk, Mary Ann Rawls, advised counsel for the parties that a magistrate judge would preside over jury deliberations. Neither party objected to this arrangement. However, a formal consent form was not signed by either party 2 nor did either party give another form of express consent.
On Monday, May 13, 1996, eight of the nine jurors reported to the jury room. Juror Loraine Waschalk ("Waschalk") refused. Instead, she went to Deputy United States Marshal Max Bellew ("Bellew") and told him that she "was scared of the other jurors" and that "she was unsure of her safety within the jury room." Order at 2 (July 31, 1996). Waschalk also gave Bellew a note to deliver to the magistrate judge which stated, among other things, that Harris would not get a fair trial with the empaneled jury. 3 The note also mentioned Waschalk's intent to request a mistrial. 4
Deputy Bellew was put under oath and his statements regarding these events are part of the record. See Joint Appendix, Vol. III at 702-03 (Transcript of Verdict of the Jury, May 13, 1996, at 3-4). Bellew noted that Waschalk looked scared and upset. He stated that he "tried to console her, but she had the idea [he] was trying to lock her up, [and] ... began talking loud and advising [him] she wanted a lawyer." Order at 2 (July 31, 1996). Bellew then took Waschalk to the clerk's office where she eventually calmed down some and told Bellew that she had gotten very little sleep over the weekend, was very worried for her safety, and did not want to be with the jury any longer. Id.
After speaking to a member of the district court's staff, Bellew faxed Waschalk's note to the district judge. The district judge reviewed the note, obtained Bellew's oral statement, and then instructed the magistrate judge to bring Waschalk into chambers and discuss the matter with Waschalk. The district judge further instructed the magistrate judge "not only to listen to Ms. Waschalk's concerns and feelings about the situation and to determine her willingness to continue on the jury, but also to gauge her state of mind and emotional well-being." Id. at 2-3. The district judge authorized the magistrate judge to dismiss Waschalk from the jury if the magistrate judge determined that she was unwilling to continue her service and too emotionally unstable to serve competently. Id.
The magistrate judge met with Waschalk in chambers without the knowledge of either party's counsel. This conversation was not recorded as part of the record nor were there any reported witnesses. Based on this conversation and Waschalk's note, the magistrate judge determined that Waschalk was "unreasonably upset" and "very emotionally unstable." Order at 3 (July 31, 1996). The magistrate judge then dismissed Waschalk for cause pursuant to Rule 47(c) of the Federal Rules of Civil Procedure. 5
The magistrate judge then convened the parties and informed them of what had transpired. Harris objected to Waschalk's dismissal and moved for a mistrial. This motion was denied by the magistrate judge. The eight remaining jurors were called back into the courtroom and advised that Waschalk had been excused from further participation in the deliberations and that "the reason behind [Waschalk's dismissal] is not anything that [they] need[ed] to concern [themselves] with." Joint Appendix, Vol. III at 708 (Transcript of Verdict of the Jury, May 13, 1996, at 9). The magistrate judge then directed the jury to return to the jury room and resume deliberating in a manner consistent with the district judge's earlier instructions.
After only seven minutes of deliberation, the jury reached a unanimous verdict in favor of Folk. Harris renewed his motion for a mistrial, which the magistrate judge again denied. The district judge later entered a judgment consistent with the jury verdict. Harris in turn moved the district court for a new trial, for relief from judgment or order, for a post-trial evidentiary hearing, and to complete the record. Folk filed a motion for costs pursuant to Rule 58 of the Federal Rules of Civil Procedure. 6 By order dated July 31, 1996, the district judge denied each of these motions. Both parties appeal.
Harris argues that the district court erred in authorizing a magistrate judge to supervise the jury deliberations and, more important, to dismiss a juror because the magistrate judge did not have authority to perform these duties under the Federal Magistrate Judges Act (the "Act"), 28 U.S.C. § 631 et seq. Harris emphasizes that he did not consent to the magistrate judge's authority as required by 28 U.S.C. § 636(c), and that such authority was not properly delegated to the magistrate judge by the district judge.
The Act provides that a magistrate judge has the authority to preside over various aspects of civil litigation in two situations. First, the parties to a civil matter may consent to the magistrate judge performing any and all proceedings, including those adjudicatory duties traditionally reserved for Article III judges. 7 See id.; Fed.R.Civ.P. Form 34A; see also Lehman Bros. Kuhn Loeb, Inc. v. Clark Oil & Ref. Corp., 739 F.2d 1313, 1315 (8th Cir.1984) (en banc) (), cert. denied, 469 U.S. 1158, 105 S.Ct. 906, 83 L.Ed.2d 921 (1985). The Act also has a catchall provision which allows a judge to delegate to a magistrate judge "additional duties" that are not inconsistent with the Constitution and laws of the United States. 28 U.S.C. § 636(b)(3). The facts of the instant case implicate both of these provisions.
Folk argues that Harris consented to the magistrate judge's supervising the jury deliberations, including the magistrate judge's authority to dismiss a juror pursuant to Rule 47(c) of the Federal Rules of Civil Procedure, by failing to object to the magistrate judge's authority at any stage of the trial. In short, Folk maintains that Harris waived the consent requirement in § 636(c). In addition, Folk contends that the district judge properly delegated authority to the magistrate judge as an additional duty, pursuant to § 636(b)(3). To resolve these issues, this court must determine whether the requirements of § 636(c), which expressly authorize the magistrate judge's authority in question, were met, and, if not, whether the functions performed by the magistrate judge in this case qualify as "additional duties" that are delegable pursuant to § 636(b)(3).
We turn first to Folk's waiver argument which caselaw in this...
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