McCabe v. Mais
| Decision Date | 23 December 2008 |
| Docket Number | No. 05-CV-73-LRR.,05-CV-73-LRR. |
| Citation | 602 F.Supp.2d 1025 |
| Parties | Alice McCABE and Christine Nelson, Plaintiffs, v. Michelle MAIS, Defendant. |
| Court | U.S. District Court — Northern District of Iowa |
David A. O'Brien, Willey, O'Brien, Mullin, Laverty & Hanrahan, LC, Matthew James Reilly, Eells & Tronvold, Cedar Rapids, IA, for Plaintiffs.
The matter before the court is "Plaintiffs' Motion for a New Trial" ("Motion") (docket no. 390).
In the Fifth Amended & Substituted Complaint (docket no. 165), Plaintiffs Alice McCabe and Christine Nelson asserted claims against Defendant Michelle Mais under 42 U.S.C. § 1983. Specifically, Plaintiffs alleged Defendant conducted illegal strip searches and visual body cavity ("VBC") searches of Plaintiffs while they were detained at the Linn County Jail, in violation of the Fourth Amendment to the United States Constitution. Id.1
From May 27, 2008, through June 4, 2008, the court held a jury trial on Plaintiffs' § 1983 claims. Attorneys David A. O'Brien and Matthew J. Reilly represented Plaintiffs Alice McCabe and Christine Nelson. Assistant Linn County Attorney Todd D. Tripp represented Defendant Michelle Mais.
Defendant repeatedly conceded liability to Plaintiffs during this first trial. Accordingly, the court instructed the jury "that Defendant ... unreasonably searched Plaintiffs ... by subjecting each of them to a strip search and a [VBC search]." Final Jury Instr. No. 10 (docket no. 273), at 11. The court asked the jury to "decide the amount of damages, if any, that each Plaintiff suffered as a result of these unreasonable searches." Id.
On June 4, 2008, the jury returned a verdict in favor of Plaintiffs in the combined amount of $750,000.00. The jury found that, "as a direct result of [Defendant Mais's] decision to conduct a strip search and [VBC search]" of each Plaintiff, Plaintiff McCabe suffered $250,000.00 in damages and Plaintiff Nelson suffered $500,000.00 in damages. Verdict Form 2 (docket no. 275), at 1-2.
On June 10, 2008, Defendant filed a Motion for New Trial ("Defendant's Motion") (docket no. 284), pursuant to Federal Rule of Civil Procedure 59(a). Defendant claimed the jury's verdict was excessive, shocked the conscience and would amount to a miscarriage of justice if allowed to stand. Defendant asked the court to remit the judgment to some lower amount or order a partial new trial on damages.
On October 2, 2008, 580 F.Supp.2d 815, the court granted Defendant's Motion. The court found the jury's verdict against Defendant shocked the conscience in light of the evidence presented at the first trial. The court held that to allow the jury's verdict to stand against Defendant would amount to a miscarriage of justice.
The court ordered a conditional remittitur. Specifically, the court afforded Plaintiffs five court days to notify the court in writing whether they wished to accept a remittitur in the amount of $25,000.00 with respect to Plaintiff McCabe and $50,000.00 with respect to Plaintiff Nelson. The court ordered that, if Plaintiffs rejected the remittitur, a partial new trial on the issue of damages would commence on October 27, 2008.
On October 8, 2008, Plaintiffs rejected the remittitur. From October 27, 2008, through October 29, 2008, the court held a partial retrial on the issue of damages. The same attorneys represented the respective parties.
On October 29, 2008, the second jury returned verdicts in favor of Plaintiffs in the combined amount of $55,804.00. The jury found Defendant caused Plaintiff McCabe $10,002.00 in damages and Plaintiff Nelson $45,802.00 in damages.
On November 7, 2008, Plaintiffs filed the Motion, pursuant to Federal Rule of Civil Procedure 59(a)(1)(A).2 On November 13, 2008, Defendant filed a Resistance (docket no. 393). Plaintiffs did not reply.
Neither party requests oral argument on the Motion, and the court finds oral argument is not appropriate. The Motion is fully submitted and ready for decision.
Rule 59(a) provides: "The court may, on motion, grant a new trial on all or some of the issues — and to any party — ... 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)(A). In evaluating a motion for a new trial pursuant to Rule 59(a), "[t]he key question is whether a new trial should [be] granted to avoid a miscarriage of justice." McKnight v. Johnson Controls, Inc., 36 F.3d 1396, 1400 (8th Cir. 1994). A new trial is appropriate when the trial, through a verdict against the weight of the evidence or legal errors at trial, resulted in a miscarriage of justice. White v. Pence, 961 F.2d 776, 780 (8th Cir.1992). However, legal errors must adversely and substantially impact the moving party's substantial rights to warrant relief. Fed. R.Civ.P. 61.
Consistent with the plain language of Rule 59(a), the court may grant a partial new trial solely on the issue of damages. Fed.R.Civ.P. 59(a)(1)(A); see, e.g., Powell v. TPI Petro., Inc., 510 F.3d 818, 824-25 (8th Cir.2007) (). For example, a partial new trial on the issue of damages is appropriate when the jury's verdict is so grossly inadequate as to shock the conscience or to constitute a plain injustice. Taylor v. Howe, 280 F.3d 1210, 1211 (8th Cir.2002); First State Bank of Floodwood v. Jubie, 86 F.3d 755, 759 (8th Cir.1996). "Each case must be reviewed within the framework of its distinctive facts." Wilmington v. J.I. Case Co., 793 F.2d 909, 922 (8th Cir.1986) (citing Hollins v. Powell, 773 F.2d 191, 197 (8th Cir.1985)).
"In determining whether or not to grant a new trial, a district judge is not free to reweigh the evidence and set aside the jury verdict merely because the jury could have drawn different inferences or conclusions or because judges feel that other results are more reasonable." King v. Davis, 980 F.2d 1236, 1237 (8th Cir. 1992) (citing White, 961 F.2d at 780). "[T]he `trial judge may not usurp the function of a jury ... [which] weighs the evidence and credibility of witnesses.'" White, 961 F.2d at 780 (quoting McGee v. S. Pemiscot Sch. Dist., 712 F.2d 339, 344 (8th Cir.1983)). "Instead, a district judge must carefully weigh and balance the evidence and articulate reasons supporting the judge's view that a miscarriage of justice has occurred." King, 980 F.2d at 1237.
"The authority to grant a new trial ... is confided almost entirely to the exercise of discretion on the part of the trial court." Allied Chem. Corp. v. Daiflon, Inc., 449 U.S. 33, 36, 101 S.Ct. 188, 66 L.Ed.2d 193 (1980). On the issue of damages, the propriety of the amount of a verdict "is basically, and should be, a matter for the trial court which has had the benefit of hearing the testimony and of observing the demeanor of witnesses and which knows the community and its standards. ...'" Wilmington, 793 F.2d at 922 (quoting Solomon Dehydrating Co. v. Guyton, 294 F.2d 439, 447-48 (8th Cir.1961)). "[T]he assessment of damages is especially within the jury's sound discretion when the jury must determine how to compensate an individual for an injury not easily calculable in economic terms." Stafford v. Neurological Medicine, Inc., 811 F.2d 470, 475 (8th Cir.1987); see also EEOC v. Convergys Customer Mgmt. Group, Inc., 491 F.3d 790, 798 (8th Cir.2007) (same).
Plaintiffs present four arguments in support of their request for a third trial. Plaintiffs contend (1) the jury's verdict in favor of Plaintiff Nelson is inconsistent; (2) the jury impermissibly considered liability when determining the amount of Plaintiffs' damages; (3) the court erred in denying Plaintiffs' Motion to Continue (docket no. 334); and (4) the verdict was "so inadequate as to shock the conscious [sic]," Motion at 2. The court considers these four arguments, in turn.
The jury awarded Plaintiff Nelson $20,000.00 for "[p]ast mental pain and suffering"; $1.00 for "[f]uture mental pain and suffering"; $20,000.00 for "[p]ast loss of full mind"; $1.00 for "[f]uture loss of full mind"; $800.00 for "[p]ast medical expenses"; and $5,000.00 for "[f]uture medical expenses." Verdict Form 2 (docket no. 382), at 1. The jury's awards of $1.00 for future mental pain and suffering and future loss of full mind are nominal damage awards. The court had instructed the jury that, if it found "Plaintiff Nelson suffered damages but that her damages have no monetary value, then [it] must enter the nominal amount of [$1.00]." Id.
Plaintiffs contend the jury's verdict in favor of Plaintiff Nelson is internally inconsistent. Plaintiffs argue:
The jury in this case found [Plaintiff] Nelson will suffer through $5,000.00 of future medical expenses causally related to ... Defendant's unconstitutional conduct, but refused to award [Plaintiff] Nelson for the lost future pain and suffering and/or loss of future mind that necessarily coexists with the need for future medical expenses. The jury's verdict is, therefore, inconsistent and a new trial should be ordered. Even though...
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