Olson v. Bradrick, Civ. No. H-84-1082(AHN).
| Decision Date | 30 September 1986 |
| Docket Number | Civ. No. H-84-1082(AHN). |
| Citation | 645 F. Supp. 645 |
| Parties | Christopher OLSON, Alfred Setsky, Steven M. Cecchini, Ronald Della Bernarda, Betty J. Finan, John R. Finan, Wayne K. Finan, Michael E. Kennedy, Anthony Mozzicato, III, Kevin Charbonneau, Christine Clifford, Raymond G. Smith, Robert J. Iacino, and Joseph Sandamena v. Roy BRADRICK, and Francis Felber. |
| Court | U.S. District Court — District of Connecticut |
Jeffrey Drewniany, Williams & Wise, New Haven, Conn., for plaintiffs.
Francis H. Morrison, III, James F. Rotundo, Day, Berry & Howard, Hartford, Conn., for defendants.
RULING ON PLAINTIFFS' MOTION FOR A NEW TRIAL
In January of 1984, officers of the South Windsor Police Department sought and received a warrant authorizing a search and seizure of items relating to unlawful gambling at the B & G Lounge. The B & G Lounge, a cafe in South Windsor, Connecticut, had been hosting a card tournament involving the low-stakes wagering of money. Supported by evidence seized in the course of executing the warrant, arrest warrants were then obtained. South Windsor police officers arrested a number of people associated with the B & G Lounge card tournament on charges of gambling. The gambling charges were subsequently dismissed by a Connecticut state court judge.
Fourteen of those people arrested and charged with various gambling offenses initiated this action, pursuant to 42 U.S.C. Section 1983, against South Windsor police officers Roy Bradrick and Francis Felber in their individual capacities. Plaintiffs allege that defendants, based on the fruits of their fraudulently procured warrant which permitted a search and seizure at the B & G Lounge, maliciously prosecuted them on charges of gambling in violation of their rights secured by the Fourteenth Amendment to the Constitution of the United States and rights secured by state law. Two plaintiffs, the owners of the B & G Lounge, also allege a violation of their fourth amendment rights to be secure from unreasonable searches and seizures arising out of defendants' search of their business premises. See Amended Complaint dated January 6, 1986 (filing no. 113). Jurisdiction for the federal claims is predicated on 42 U.S.C. Sections 1983 and 1988, and 28 U.S.C. Sections 1331 and 1343(a)(3). The state-law claims are predicated on pendent jurisdiction. See United Mine Workers v. Gibbs, 383 U.S. 715, 726, 86 S.Ct. 1130, 1139, 16 L.Ed.2d 218 (1966); Gonzalez v. Doe, 476 F.2d 680, 686 (2d Cir.1973).1
After a six-day jury trial, the jury returned its verdict in favor of the defendants, finding that the two police officers neither maliciously prosecuted plaintiffs in violation of their federal and state-law rights nor violated the two plaintiffs' fourth amendment rights. Based on the jury's verdict, judgment for defendants was entered on January 10, 1986. Seeking to be relieved from the adverse jury verdict and judgment, plaintiffs now move the court to exercise its discretion in ordering a new trial under Rule 59(a)(1), Fed.R.Civ.P., claiming that they were denied a fair trial. Plaintiffs advance these two grounds of juror misconduct in support of their motion for a new trial: (1) a juror's contact with a third-party, who was not involved with this trial, while the jury had recessed its deliberations for the evening, and (2) the same juror's non-disclosure during jury selection voir dire that he had relatives who were police officers.2
The motion has been briefed and argued. For the reasons more fully stated below, a new trial is not necessary and, therefore, plaintiffs' motion for a new trial is denied.
A recitation of the facts surrounding the selection of the jury and the jury's deliberations will furnish a necessary background for assessing plaintiffs' new trial motion.
On December 4, 1985, two civil juries were selected in civil rights cases involving alleged unconstitutional conduct by police officers. Although counsel in this case were to select the second jury, they were present at the voir dire of the jury panel. (December 4, 1985, Transcript ("Dec.Tr.") at 2-3, 58 (filing no. 128)). The defendants in the first case were East Hartford police officers. (Dec.Tr. at 9).
After taking an oath (Dec.Tr. at 8),3 the prospective jurors were questioned on their ability to fairly and impartially decide the cases for which they might be selected as jurors. One question, which is critical to plaintiffs' second ground for a new trial, was "has anyone here or anyone close to you, any member of your family, ever been employed as a police officer or by any law enforcement agency?" (Dec.Tr. at 28). Only three members of the jury panel responded. Each answered that a member of their immediate family is or was a law enforcement officer. (Dec.Tr. at 28-30). One of the three panel members ("Member 28") responded that her deceased grandfather had been a police officer. (Dec.Tr. at 29). A second member ("Member 42") indicated that his brother had been a police officer in Wisconsin. (Dec.Tr. at 28). Members 28 and 42 indicated that even though a member of their family had been a police officer, they could decide the case fairly and impartially based on the facts as they found them and on the law as instructed. (Dec.Tr. at 28-29). The third panel member ("Member 34"), who had been a military policeman in the 1940's, stated that his son was a Virginia State Trooper. (Dec.Tr. at 29-30). This prospective juror answered that his ties to law enforcement would create a "problem" in his deciding the case and could influence his decision. (Dec.Tr. at 33, 69). At one point during jury selection in the first case, which involved East Hartford police officers, Member 28 indicated that she knew a couple of East Hartford police officers. (Dec.Tr. at 33).4
Counsel in the first case then approached the bench to register their challenges of the prospective jurors for cause. (Dec.Tr. at 46). Of those challenges relevant to this inquiry, plaintiffs sought to excuse two panel members. Plaintiffs challenged Member 28 for cause, arguing that her knowing East Hartford police officers and her grandfather having been a police officer affected her impartiality. (Dec.Tr. at 48). The challenge was denied (Dec.Tr. at 48), and Member 28 ultimately became a juror in the first case (Dec.Tr. at 53). Plaintiffs were successful in removing Member 34 for cause. Member 34 had expressed sufficient doubt about his law enforcement ties affecting his views on a lawsuit against police officers to justify his excusal for cause. (Dec.Tr. at 48-49).
With the benefit of the panel members' responses on the first voir dire, counsel selected a jury to hear this case. (Dec.Tr. at 55). No member of the panel responded to the question whether they would be unable to render a verdict based solely on the evidence presented at trial and the law as instructed. (Dec.Tr. at 58-59). Likewise, no prospective jurors responded to the questions whether they held any bias or prejudice for or against police officers. (Dec.Tr. at 63-64, 65-66, 74-75). The court then posed a question about membership in law enforcement associations. (Dec.Tr. at 76-77). This question had been taken from plaintiffs' proposed voir dire and was not asked at the first jury selection. (Dec.Tr. at 89). One panel member ("Member 45") responded to the question, indicating his social membership in an interstate policeman's association for the past six to seven years. (Dec.Tr. at 77). According to Member 45, his social membership in the association would not prevent him from being impartial were he a juror in this case. (Dec.Tr. at 77). The court posed the final general question whether any of the panel, having heard all the questions, knew of any other reason why they could not sit on this jury and render a fair verdict. There was no response. (Dec.Tr. at 86).
Counsel in this case then approached the bench to register their challenges of the prospective jurors for cause. (Dec.Tr. at 86). Plaintiffs challenged two panel members for cause. Member 34, who had been excused for cause in first jury selection due to his possible partiality for law enforcement officers, again was excused. (Dec.Tr. at 87). Plaintiffs also challenged Member 45 for cause. Member 45 was a social member in a police association. (Dec.Tr. at 88). After the court expressed that it was being "liberal" in granting plaintiffs' challenge of Member 45 for cause, Member 45 was excused. (Dec.Tr. at 89-90).
The deputy clerk then placed the names of the remaining panel members in the wheel. After sixteen names were drawn, the parties each exercised three peremptory challenges. Two of plaintiffs' peremptory challenges were used to exclude Member 28 and Member 42. (See Civil challenge sheet dated Dec. 4, 1985). The names of six regular jurors and two alternate jurors were then drawn from the wheel. (Dec.Tr. at 92). Once the jury was impanelled, counsel indicated their satisfaction with the jury as selected. (Dec.Tr. at 92-93).
On Thursday, January 2, 1986, the six regular jurors and two alternate jurors were sworn moments before the trial in this case began.5 The evidence portion of the trial ended on Tuesday, January 7. On January 8, counsel made closing arguments and the court instructed the jury. After the instruction, the two alternate jurors were excused. At 3:00 p.m. on the fifth day of trial, the jury retired to begin its deliberations. (See Civil Docket Sheet No. H-84-1082 ("Docket Sheet") at 5).
After deliberating for two hours, the jury returned to the courtroom. The foreperson was identified and asked whether the jury wished to either continue into the evening to finish or adjourn for the evening and return the next morning. (January 8, 9, 1986, Transcript ("Jan.Tr.") at 8-9 (filing no. 122)). The foreperson's response was "we're still reviewing the evidence that has been presented to us, and I don't think we could reach a verdict immediately." (Jan.Tr. at 9). The...
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