Jacobs v. Pa. Dep't of Correctons

• Decision Date: 07 June 2011
• Docket Number: Case No. 04-1366
• Parties: ANDRE JACOBS, Plaintiff, v. PENNSYLVANIA DEPARTMENT OF CORRECTONS, JEFFERY A. BEARD, et al., Defendants.
• Court: U.S. District Court — Western District of Pennsylvania

ANDRE JACOBS, Plaintiff,

v.PENNSYLVANIA DEPARTMENT OF CORRECTONS, JEFFERY A. BEARD, et al., Defendants.

Case No. 04-1366

UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA

Filed June 7, 2011

MEMORANDUM OPINION AND ORDER

CONTI, District Judge.

I. Introduction

Plaintiff inmate Andre Jacobs ("Jacobs" or "plaintiff") brought this prisoner civil rights action, pro se, pursuant to 42 U.S.C. § 1983 against the following defendants: Pennsylvania Department of Corrections ("DOC"); the DOC secretary, Jeffery Beard ("Beard"); and DOC officials and employees assigned to the State Correctional Institution at Pittsburgh ("SCI-Pittsburgh"), including Thomas McConnell ("McConnell"), Carol Scire ("Scire"), Gregory Giddens ("Giddens"), Allen Lynch ("Lynch"), Robert Bittner ("Bittner"), Captain J. Simpson ("Simpson"), Kristin P. Ressing ("Ressing"), Michael Ferson ("Ferson"), Shelly Mankey ("Mankey"), William Stickman ("Stickman"), Frank Cherico ("Cherico"), and David McCoy ("McCoy"). Jacobs asserted at trial: a) federal claims under § 1983 for violations of his constitutional right to access to the courts, retaliation and conspiracy, and b) a Pennsylvania state claim for defamation.

Commencing on November 3, 2008, plaintiff's claims were tried before a jury. (See Trial Tr. 1, Nov. 3, 2008 (ECF No. 165)). On November 24, 2008, the jury returned a verdict in favor of defendants Lynch, Bittner, Simpson, Ressing, Ferson, Mankey, Stickman, Cherico, McCoy and Beard on all claims. (See Verdict Slip 2-5, dated Nov. 24, 2008 (ECF No. 193)). The jury found against defendants Giddens and McConnell on plaintiff's access to the courts claim (Id. at 1, 2); against defendants Giddens, Scire and McConnell on plaintiff's conspiracy claim (Id. at 3); against defendants Giddens, Scire and McConnell on plaintiff's retaliation claim (Id. at 4); and against defendant Giddens on plaintiff's defamation claim. (Id. at 5.) The jury awarded compensatory damages in the aggregate amount of $120,000¹ and punitive and/or special damages in the aggregate amount of $65,000,² for a total award of $185,000. (Id. at 6-8.)

Prior to and following the verdict, defendants moved under Federal Rule of Civil Procedure 50(a) and (b) for judgment as a matter of law on several of Plaintiff's claims. (See Trial Tr. 72-75, Nov. 6, 2008 (ECF No. 168); Trial Tr. 168-169, Nov. 17, 2008 (ECF No. 170); Trial Tr. 11-15, Nov. 24, 2008 (ECF No. 172)). On December 3, 2008, defendants filed a Rule 50 motion for judgment as a matter of law (ECF No. 136) and a brief in support (ECF No. 137). On July 31, 2009, defendants filed a supplemental brief in support of their Rule 50 motion (ECF No. 179). Plaintiff submitted written responses to defendants' Rule 50 motion. (See ECF Nos. 144-45, 185.)

On September 11, 2009, the court held oral argument on the Rule 50 motion. On September 21, 2009, the court issued a memorandum opinion (the "Memorandum Opinion") granting defendants' motion with respect to the conspiracy claims against Scire and McConnell, and with respect to the access to courts claim against Scire, McConnell and Giddens. See Jacobs v. Pennsylvania Dept. of Corrs., Civ. A. No. 04-1366, 2009 WL 3055324, at **22, 27-28 (W.D. Pa. Sept. 21, 2009). (ECF No. 189.) The Rule 50 motion was denied in all other aspects. By reason of that ruling, the aggregate amount of compensatory damages awarded was reduced to $75,000 and the aggregate amount of punitive or special damages awarded was reduced to $40,000.

On October 1, 2009 defendants McConnell, Scire and Giddens filed a second renewed motion for judgment as a matter of law, pursuant to Rule 50, or for a new trial or remittitur, pursuant to Rule 59 (the "Motion") (ECF No. 196), and a brief in support (ECF No. 197). Defendants seek the following relief: 1) judgment as a matter of law in favor of Giddens on plaintiff's state claim for defamation and on his § 1983 federal claim for conspiracy; and 2) to strike or for a remittitur of amounts awarded by the jury for: a) compensatory damages for property, harm to reputation, mental anguish, and humiliation,³ and for mental harm; ⁴ and b) punitive damages or special damages, as set forth more specifically below. On June 9, 2010, Jacobs filed a response to the Motion (ECF No. 223) and a brief in support (ECF No. 224).

II. Motion for Judgment as a Matter of Law or New Trial and For Remittitur

A. Standard of Review

1. Motion for Judgment as a Matter of Law

Federal Rule of Civil Procedure 50 provides in relevant part:

Rule 50. Judgment as a Matter of Law in a Jury Trial; Related Motion for a New Trial; Conditional Ruling

(a) Judgment as a Matter of Law.

(1) In General. If a party has been fully heard on an issue during a jury trial and the court finds that a reasonable jury would not have a legally sufficient evidentiary basis to find for the party on that issue, the court may:

(A) resolve the issue against the party; and

(B) grant a motion for judgment as a matter of law against the party on a claim or defense that, under the controlling law, can be maintained or defeated only with a favorable finding on that issue.

(2) Motion. A motion for judgment as a matter of law may be made at any time before the case is submitted to the jury. The motion must specify the judgment sought and the law and facts that entitle the movant to the judgment.

(b) Renewing the Motion After Trial; Alternative Motion for a New Trial. If the court does not grant a motion for judgment as a matter of law made under Rule 50(a), the court is considered to have submitted the action to the jury subject to the court's later deciding the legal questions raised by the motion. No later than 28 days after the entry of judgment—or if the motion addresses a jury issue not decided by a verdict, no later than 28 days after the jury was discharged--the movant may file a renewed motion for judgment as a matter of law and may include an alternative or joint request for a new trial under Rule 59. In ruling on the renewed motion, the court may:

(1) allow judgment on the verdict, if the jury returned a verdict;

(2) order a new trial; or(3) direct the entry of judgment as a matter of law.

...

FED. R. CIV. P. 50.

As noted above, the court deferred ruling on defendants' Rule 50(a) motion and ruled upon defendants' Rule 50(b) motion in its Memorandum Opinion dated September 21, 2009. Rule 50 does not provide for a second renewed motion, once defendants' Rule 50(b) motion is decided by the court. Therefore, as discussed below under the relevant issues, the court will treat defendants' second renewed Rule 50 motion for judgment as a matter of law on Plaintiff's state law claims for defamation and § 1983 claims for conspiracy as a motion for reconsideration⁵ of the court's Memorandum Opinion.

2. Motion for New Trial

Federal Rule of Civil Procedure 59(a) provides, in relevant part:

(1) Grounds for New Trial. The court may, on motion, grant a new trial on all or some of the issues - and to any party - as follows:

(A) after a jury trial, for any reason for which a new trial has heretofore been granted in an action at law in federal court; . . . .

FED. R. CIV. P. 59(a)(1).

Rule 59(a) does not set forth specific grounds on which a court may grant a new trial. "The decision to grant or deny a new trial is confided almost entirely to the discretion of the district court." Blancha v. Raymark Indus., 972 F.2d 507, 512 (3d Cir. 1992) (citing Allied Chem. Corp. v. Daiflon, Inc., 449 U.S. 33, 36 (1980)); see Coney v. NPR, 312 F. App'x 469, 471 (3d Cir. 2009). The scope of a district court's discretion in evaluating a motion for a new trial depends upon whether the motion is based upon a prejudicial error of law or a verdict alleged to be against the weight of the evidence. See Klein v. Hollings, 992 F.2d 1285, 1289-90 (3d Cir. 1993). When the motion involves a matter within the sound discretion of the trial court - such as the court's evidentiary rulings, points of charge to the jury, or a prejudicial statement made by counsel - the district court has wide latitude in ruling on the motion. Foster v. Nat'l Fuel Gas Co., 316 F.3d 424, 429-30 (3d Cir. 2003).

3. Motion for Remittitur

Federal Rule of Civil Procedure 59 provides, in relevant part:

(e) Motion to Alter or Amend a Judgment. A motion to alter or amend a judgment must be filed no later than 28 days after the entry of the judgment.

FED. R. CIV. P. 59(e).⁶

Under Rule 59, a party may move to alter or amend a judgment "'to correct clear error [of law] or prevent manifest injustice."' Pediatrix Screening, Inc. v. TeleChem Int'l, Inc., 602 F.3d 541, 546 (3d Cir. 2010) (quoting N. River Ins. Co. v. CIGNA Reinsurance Co., 52 F.3d 1194, 1218 (3d Cir. 1995) (alteration in original)). A motion to alter or amend judgment is subject to the "sound discretion of the district court." Cureton v. Nat'l Collegiate Athletic Ass'n, 252 F.3d 267, 272 (3d Cir. 2001).

B. Discussion

In the Motion defendants request the court to reconsider in part the Memorandum Opinion, which dealt with defendants' previous Rule 50 motions for judgment as a matter of law. See Jacobs, 2009 WL 3055324. In the Memorandum Opinion the court determined, among other things: 1) plaintiff adduced evidence at trial sufficient to support the jury's verdict related to plaintiff's state claim of defamation and his § 1983 federal claim of conspiracy against Giddens; and 2) plaintiff did not adduce evidence sufficient to support the jury's verdict related to Plaintiff's § 1983 federal claims of conspiracy against McConnell and Scire. Id. at **8, 12, 13.Defendants now: 1) pursuant to Rule 50, a) renew their motion for judgment as a matter of law on plaintiff's state law defamation claim against Giddens; and b) request the court to enter judgment as a matter of law in favor of Giddens and against plaintiff on the § 1983 claim of conspiracy based upon the court's determination in the Memorandum Opinion that there was not sufficient evidence of record to hold Scire...