Napier v. Jacobs
Decision Date | 21 December 1987 |
Docket Number | Docket No. 77772 |
Citation | 429 Mich. 222,414 N.W.2d 862 |
Parties | Michael NAPIER and Linda Napier, Plaintiffs-Appellants, v. Jeffrey JACOBS, Ted Maruszewski and William Chidester, Defendants, and City of Highland Park, Defendant-Appellee. |
Court | Michigan Supreme Court |
Theodore Spearman, Theodore Spearman, P.C., Julie H. Hurwitz, Julie H. Hurwitz, P.C., Detroit, for Michael Napier and Linda Napier.
James W. McGinnis, Detroit, for defendant-appellee, City of Highland Park.
In the instant case, the Court of Appeals found insufficient evidence to support the jury verdict in favor of the plaintiffs. It therefore ordered judgment in favor of the city, notwithstanding the defendant's failure to challenge the sufficiency of the evidence at trial with motions for a directed verdict, for judgment notwithstanding the verdict, or for a new trial. We reverse the decision of the Court of Appeals because defendant failed in this civil case to preserve the issue of the sufficiency of the evidence by proper motions at trial, and no extraordinary circumstance creating a miscarriage of justice has been presented to obviate the normal rule that to preserve an issue for appellate review, it must be properly raised at trial.
Michael Napier and his wife filed suit under 42 USC 1983 against defendant City of Highland Park and individual city police officers for violation of Mr. Napier's civil rights. The jury awarded $60,000 in damages against the city in Mr. and Mrs. Napier's favor.
The immediate facts concerning Mr. Napier's injury are described in the Court of Appeals decision, 145 Mich.App. 285, 288-289, 377 N.W.2d 879 (1985):
Mr. Napier's suit charged that the city's customs and direct participation in and deliberate indifference to systematic patterns of reckless firearm handling and racially charged verbal "horseplay" among police officers resulted in Mr. Napier's gunshot wound. The jury found against the city and against the officer who shot Mr. Napier. At trial, the city did not challenge the sufficiency of the evidence with motions for directed verdict, motions for judgment notwithstanding the verdict, or motions for a new trial. Judgment for Mr. Napier was entered, and the defendant city appealed.
On September 3, 1985, the Court of Appeals reversed the jury's verdict and ordered entry of judgment in favor of the city, notwithstanding the jury verdict. The Court of Appeals ruled that the plaintiffs' proofs were insufficient as a matter of law to establish municipal liability under 42 U.S.C. Sec. 1983 and that the evidence failed to establish a prima facie case of reckless supervision or a custom of reckless firearm handling as required by Monell v. Dep't. of Social Services of the City of New York, 436 U.S. 658, 98 S.Ct. 2018, 56 L.Ed.2d 611 (1978). The Court of Appeals also ruled that, while there was sufficient proof to establish a city custom of tolerating racially derogatory language between officers, there was insufficient evidence to establish a causal connection between this custom and the shooting.
A general rule of trial practice is that failure to timely raise an issue waives review of that issue on appeal. See Spencer v. Black, 232 Mich. 675, 206 N.W. 493 (1925) ( ); Molitor v. Burns, 318 Mich. 261, 263-265, 28 N.W.2d 106 (1947) ( ). Generally, to preserve an issue for appellate review, it must be properly raised at trial. Kinney v. Folkerts, 84 Mich. 616, 625, 48 N.W. 283 (1891) (); Moden v. Superintendents of the Poor, 183 Mich. 120, 125-126, 149 N.W. 1064 (1914) ( ); Miller v. Cook, 292 Mich. 683, 688-689, 291 N.W. 54 (1940) ( ); Taylor v. Lowe, 372 Mich. 282, 284, 126 N.W.2d 104 (1964) (). The rule is based upon the nature of the adversary process and the need for judicial efficiency. 3 LaFave & Israel, Criminal Procedure, Sec. 26.5(c), pp. 251-252, summarizes the basis for this rule:
" " (Quoting State v. Applegate, 39 Or.App. 17, 21, 591 P.2d 371 ( [1979].)
In the case of a challenge based upon an asserted insufficiency of the evidence, a challenge entered at the close of a party's evidence has the advantage of pointing out deficiencies in a case before the additional judicial expense of jury deliberations occurs. A party faced with a challenge during trial might well be able to remedy an insufficiency without the time and expense of appellate review followed by a new trial. While, in general, motions for directed verdict under MCR 2.515 are no longer required in order to move for judgment notwithstanding the verdict under MCR 2.610, as a matter of trial technique, challenges to the sufficiency of the evidence are certainly appropriate, if not required, at the close of the opponent's case. At the...
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