Schultz v. Amick
| Citation | 955 F.Supp. 1087 |
| Decision Date | 13 February 1997 |
| Docket Number | No. C 94-4062-MWB.,C 94-4062-MWB. |
| Parties | Jeffrey S. SCHULTZ, Plaintiff, v. Dave AMICK, Todd C. Traum, Mark Pennings, Steven Saunders, Gary Moore, Woodbury County, Iowa, Gary Maas, Dave Jensen, and City of Sioux City, Iowa, Defendants. |
| Court | U.S. District Court — Northern District of Iowa |
William L. Kutmus and Mark S. Pennington of Kutmus & Pennington, P.C., Des Moines, IA, for plaintiff Jeffrey S. Schultz.
Douglas L. Phillips of Klass, Stoos, Stoik, Mugan, Villone & Phillips, L.L.P., Sioux City, IA, for Defendant Todd C. Traum.
In this "excessive force" case brought by an arrestee pursuant to 42 U.S.C. § 1983, the only defendant found liable, a county corrections officer, has moved for a new trial on the grounds that the trial judge improperly interjected himself into the proceedings, the jury's verdict is not supported by the weight of the evidence, the trial court committed errors of law in jury instructions, and the trial court's evidentiary rulings improperly purged the record of evidence negative to the plaintiff's case while permitting improper expert testimony, thus substantially affecting the defendant's right to a fair trial. The plaintiff resists the motion for a new trial on every ground. The plaintiff has also moved for an award of fees and costs as a prevailing party in the litigation. The defendant held liable resists the fee application on the ground that it is excessive in terms of hours spent, hourly rate claimed, and the plaintiff's limited success against only one of several defendants on only one of several claims. The senior judge who tried the case has recused himself, and these matters have therefore been reassigned to this district judge.
Plaintiff Jeffrey S. Schultz filed this lawsuit on July 29, 1994, alleging both federal and state claims arising from an incident during his intake at the Woodbury County Jail after his arrest on August 13, 1993. Schultz alleged that, while shackled, he was grabbed in a headlock, attacked by several jail officers, and dropped to the floor. As the result of this incident, Schultz alleged that he suffered a broken jaw and loosened or broken teeth. The incident was recorded on videotape, with audio, and the tape was introduced into evidence at the trial. Schultz named as defendants in his lawsuit Dave Amick, the Sheriff of Woodbury County; Todd C. Traum, Mark Pennings, Steven Saunders, and Gary Moore, all corrections officers in the Woodbury County Sheriff's Office; Woodbury County; Gary Maas, the Chief of Police of the City of Sioux City; Dave Jensen, a Sioux City police officer; and the City of Sioux City. Schultz's federal claims, brought pursuant to 42 U.S.C. §§ 1983 and 1985, alleged deprivation of Schultz's constitutional rights and conspiracy to deprive him of his constitutional rights premised on use of excessive force. Schultz's state common-law claims alleged assault and battery, intentional infliction of emotional distress, negligent infliction of emotional distress, "negligence," "recklessness," and "respondeat superior."
Jensen, Maas, and the City of Sioux City were dismissed from the lawsuit on their motion for summary judgment on the ground that these defendants had no duty to intervene in the altercation Schultz alleged caused his injuries. Before trial, Schultz abandoned his claims against defendants Woodbury County and Dave Amick, as well as his statutory conspiracy and common law tort claims. Only the § 1983 "excessive force" claim remained for trial.
The case, which was tried to a jury, began on April 2, 1996, and was presided over by a senior judge of this district. Prior to and during the trial, the court made various evidentiary rulings that are challenged here and also promulgated jury instructions, one of which is challenged here. In addition, the court made comments or took actions in the case, in chambers and in open court during trial, that Traum asserts entitle him to a new trial. Traum contends that comments made by the trial judge to counsel after the trial indicate the pervasiveness of the trial judge's bias against defendants and their counsel before and during the trial.
On April 5, 1996, the parties rested and the matter was submitted to the jury. After approximately seven or eight hours of deliberation, the jury returned a verdict in favor of Schultz against defendant Traum. However, the jury found in favor of the remaining defendants. The jury awarded damages against Traum in the amount of approximately $64,700.
On April 15, 1996, Traum moved for a new trial and also moved for the trial judge to recuse himself. The parties each filed initial briefs on these motions. On June 20, 1996, Schultz filed a claim for approximately $115,000 in fees and expenses as a "prevailing party" in the litigation. Traum subsequently resisted that motion. On August 23, 1996, the judge who had presided at trial recused himself. The pending motions were then reassigned to me. After the case was reassigned, because this judge had not presided at the trial, the court held a status conference on the preparation of a transcript and established an extended briefing schedule to allow the parties to supplement their briefs on the motion for new trial with excerpts from the trial transcript. Those supplemental briefs were subsequently filed by each party, and the court held a hearing on Traum's motion for new trial and Schultz's application for fees and costs on January 28, 1997.
At the hearing on January 28, 1997, as at trial, plaintiff Jeffrey S. Schultz was represented by counsel William L. Kutmus and Mark S. Pennington of Kutmus & Pennington, P.C., in Des Moines, Iowa. Defendant Todd C. Traum, the movant for new trial, was represented by the same counsel who had represented all defendants at trial, Douglas L. Phillips of Klass, Stoos, Stoik, Mugan, Villone & Phillips, L.L.P., of Sioux City, Iowa.
At oral arguments on the pending motions, counsel for Traum characterized the motion for new trial as asserting two principal grounds for relief: First, that the central liability instruction was legally erroneous, because it allowed the jury to find a constitutional violation premised on mere negligence; and second, that the trial was fundamentally unfair, because of prejudicial evidentiary rulings and the improper participation of the judge. However, the written moving papers and briefs also assert a third ground for relief, which is that the verdict is against the substantial weight of the evidence. The court will consider this last ground first, then consider the other two grounds, which involve a variety of subissues, seriatim.
Federal Rule of Civil Procedure 59, entitled "New Trials; Amendment of Judgments," states in relevant part:
(a) GROUNDS. A new trial may be granted to all or any of the parties and on all or part of the issues (1) in an action in which there has been a trial by jury, for any of the reasons for which new trials have heretofore been granted in actions at law in the courts of the United States....
Fed.R.Civ.P. 59(a). The authority to grant a new trial is within the discretion of the district court. Gray v. Bicknell, 86 F.3d 1472, 1480-81 (8th Cir.1996). Thus, the district court's denial of a motion for new trial is reviewed...
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