Pathways Psychosocial v. Town of Leonardtown, Md

• Decision Date: 09 August 2002
• Docket Number: No. Civ.A. DKC 99-1362.,Civ.A. DKC 99-1362.
• Citation: 223 F.Supp.2d 699
• Parties: PATHWAYS PSYCHOSOCIAL, et al. v. TOWN OF LEONARDTOWN, MD, et al.
• Court: U.S. District Court — District of Maryland

223 F.Supp.2d 699

PATHWAYS PSYCHOSOCIAL, et al. v. TOWN OF LEONARDTOWN, MD, et al.

No. Civ.A. DKC 99-1362.

United States District Court, D. Maryland.

August 9, 2002.

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Kathleen A Ellis, Piper Rudnick LLP, Baltimore, MD, Beth Pepper, Baltimore, MD, Susan H Pope, Piper Rudnick LLP, Washington, DC, for plaintiffs.

Daniel Karp, Victoria M Shearer, Allen Karpinski Bryant and Karp, PA, for defendants.

Tawana E. Davis, Office of the United States Attorney, Baltimore, MD, Lynne A Battaglia, Annapolis, MD, for U.S., amicus.

MEMORANDUM OPINION

CHASANOW, District Judge.

Presently pending and ready for resolution in this civil rights case are 1) Defendants' motion for judgment as a matter of law pursuant to Fed.R.Civ.P. 50 or, in the alternative, for a new trial pursuant to Fed.R.Civ.P. 59, and 2) Plaintiffs' motion for declaratory and injunctive relief. The issues have been fully briefed and a hearing was held. For reasons that follow, the court shall deny Defendants' motion and grant in part Plaintiffs' motion.

I. Background

On December 20, 2001, the court entered a judgment upon a jury verdict in favor of Plaintiffs Pathways Psychosocial Support Center, Inc. ("Pathways") and Clarissa Edwards against Defendants the Town of Leonardtown and Daniel Muchow for violation of the Americans With Disabilities Act ("ADA"), 42 U.S.C. § 12-132, et seq., and the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution.

The jury found that Pathways' use fit within the permitted uses of the Commercial-General ("C-G") zone in Leonardtown and that Leonardtown intentionally discriminated against Plaintiffs in violation of the ADA and § 1983 by 1) the Town Council's rescission of Pathways' loan endorsement, 2) the decision of the Town Administrator to refer the question of Pathways' occupancy permit to Leonardtown's Planning and Zoning Commission, and 3) the Commission's refusal to issue an occupancy permit. In addition, the jury found that Defendant Muchow discriminated against Plaintiffs in violation of § 1983 because of his role in the rescission of Pathways' endorsement. The jury granted $540,916 in compensatory economic damages to Pathways against Leonardtown, $20,000 in compensatory non-economic damages to Edwards against Leonardtown, nominal compensatory damages to both Plaintiffs against Muchow, $5000 in punitive damages to Pathways against Muchow, and $15,000 in punitive damages to Edwards against Muchow.

At the close of Plaintiffs' evidence at trial, Defendants moved for judgment as a matter of law on several grounds and the court reserved its decision. At the close of all evidence, Defendants again moved for judgment as a matter of law on the grounds previously asserted and on additional grounds relating to the jury instructions and verdict sheet.¹ Within ten days of the court's order entering judgment on the jury verdict, Defendants filed a motion for judgment as a matter of law pursuant to Rule 50 or, in the alternative, for a new trial pursuant to Rule 59. In addition, Plaintiffs filed a motion for declaratory and permanent injunctive relief. Based on the jury verdict, Plaintiffs request that the court 1) declare that Pathways is a permitted use in Leonardtown's C-G zone, and 2) enjoin Leonardtown from denying Pathways an occupancy permit for a building located in the C-G zone or from taking any other action to interfere with Pathways' relocation to downtown Leonardtown for two years.

II. Rule 50 and Rule 59 Motions

A. Standards of Review

1. Rule 50

"Under Rule 50, a court should render judgment as a matter of law when `a party has been fully heard on an issue and there is no legally sufficient basis for a reasonable jury to find for that party on that issue.'" Reeves v. Sanderson Plumbing Products, Inc., 530 U.S. 133, 149, 120 S.Ct. 2097, 147 L.Ed.2d 105 (2000), quoting Fed.R.Civ.P. 50(a). "In ruling on a motion for judgment as a matter of law, the trial court should consider the record as a whole viewing the evidence presented in the light most favorable to the party against whom the motion is made." Bostron v. Apfel, 104 F.Supp.2d 548, 551 (D.Md.2000), citing Marder v. G.D. Searle & Co., 630 F.Supp. 1087, 1088 (D.Md.1986), aff'd without op. sub nom., Wheelahan v. G.D. Searle & Co., 814 F.2d 655, 1987 WL 267679 (4th Cir.1987). The court must draw all reasonable inferences in the non-movant's favor without weighing the evidence or assessing the witness' credibility. Baynard v. Malone, 268 F.3d 228, 235 (4th Cir.2001), citing Sales v. Grant, 158 F.3d 768, 775 (4th Cir.1998). "The question is whether a jury, viewing the evidence in the light most favorable to [Plaintiffs], could have properly reached the conclusion reached by this jury." Benesh v. Amphenol Corp. (In re Wildwood Litigation), 52 F.3d 499, 502 (4th Cir.1995). The court must grant the motion if a reasonable jury could only rule in favor of the party making the motion; if reasonable minds could differ, the court must deny it. Baynard, 268 F.3d at 235, citing Sales, 158 F.3d at 775; see also Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 250, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986) (explaining that judgment as a matter of law is proper if "there can be but one reasonable conclusion as to the verdict").

2. Rule 59

A motion for a new trial under Rule 59 may be joined with a renewed motion for judgment as a matter of law under Rule 50(b). In a motion for a new trial under Rule 59, a district court must:

set aside the verdict and grant a new trial if ... (1) the verdict is against the clear weight of the evidence, or (2) is based upon evidence which is false, or (3) will result in a miscarriage of justice, even though there may be substantial evidence which would prevent the direction of a verdict.

Knussman v. Maryland, 272 F.3d 625, 639 (4th Cir.2001), quoting Atlas Food Sys. & Servs., Inc. v. Crane Nat'l Vendors, Inc., 99 F.3d 587, 594 (4th Cir.1996). "Unlike the procedure under Rule 50(b), on a motion for new trial under Rule 59(e) a district court is permitted to weigh the evidence." Dennis v. Columbia Colleton Medical Center, Inc., 290 F.3d 639, 650 (4th Cir.2002), citing Bristol Steel & Iron Works, Inc. v. Bethlehem Steel Corp., 41 F.3d 182, 186 (4th Cir.1994). "[T]he district court has a duty to order a new trial to prevent an injustice." Johnson & Towers Baltimore, Inc. v. Vessel Hunter, 824 F.Supp. 562, 566 (D.Md.1992), citing 11 Charles A. Wright, Arthur R. Miller & Mary Kay Kane, FEDERAL PRACTICE & PROCEDURE § 2805, at 38 (1973). However, "`[c]ourts do not grant new trials unless it is reasonably clear that prejudicial error has crept into the record or that substantial justice has not been done.'" Vanwyk Textile Sys., B.V. v. Zimmer Mach. Am., Inc., 994 F.Supp. 350, 358 (W.D.N.C.1997), quoting 11 Wright & Miller, § 2803 (1995). The decision to grant or deny a new trial rests with the discretion of the district court. Bristol, 41 F.3d at 186, citing Wilhelm v. Blue Bell, Inc., 773 F.2d 1429, 1433 (4th Cir.1985).

B. Analysis

Defendants allege multiple grounds for granting judgment in their favor or a new trial. These grounds fall into three groups: (1) alleged errors instructing the jury, (2) challenges to determinations made earlier by the court on summary judgment, and (3) a challenge to the jury's compensatory damage awards as against the weight of evidence.

1. Allegedly improper instructions

a. No timely objection

The court cannot consider Defendants' objections to two jury instructions because Defendants failed to object before submission to the jury. Defendants contend that it was an error to give to the jury the factual determination of whether Pathways fit into Leonardtown's C-G zone. The court owed deference, they argue, to the zoning body's factual determination and should merely have determined as a matter of law whether the zoning board's decision was based upon substantial evidence in the record. In addition, Defendants contend that the court erred in submitting to the jury separate questions about punitive damages as to Pathways and to Plaintiff Edwards because inviting the jury to make separate punitive damages awards for each Plaintiff increased the risk that the jury would increase the amount of total punitive damages.

Defendants, however, never objected to either instruction prior to its submission to the jury and so waived the right to object. AG Systems, Inc. v. United Decorative Plastics Corp., 55 F.3d 970, 973 (4th Cir.1995); see also Metromedia Co. v. Fugazy, 753 F.Supp. 93, 98 (S.D.N.Y.1990), aff'd 983 F.2d 350 (1992) ("The court will not grant a new trial on the basis of an erroneous jury charge when a party might have obtained the correct jury charge by specifically bringing the matter to the attention of the court at the proper time."), citing Fed.R.Civ.P. 51²; Palmer v. Hoffman, 318 U.S. 109, 119-120, 63 S.Ct. 477, 87 L.Ed. 645 (1943). While Defendants argue that they "in essence objected" to the instruction regarding deference to the zoning board's factual findings, they could not recall a specific objection to the instruction when called upon to do so in open court nor did they point to one in their papers. Moreover, on a Rule 59 motion, the court can set aside the verdict and grant a new trial only if the erroneous instruction is prejudicial and would result in a "miscarriage of justice." Fed.R.Civ.P. 59; see also Vanwyk, 994 F.Supp. at 358 (no new trial unless prejudicial error); Johnson & Towers, 824 F.Supp. at 566.³ Neither of the jury instructions to which Defendants have objected are so obviously erroneous so as to result in a miscarriage of justice and Defendants failed to object at the proper time. Accordingly, neither alleged error can be a ground for granting judgment or a new trial.

b. Section 1983 claims not preempted by ADA

Defendants contend that the...