Sloup v. Loeffler

• Decision Date: 30 September 2010
• Docket Number: No. 05–CV–1766 (JFB)(AKT).,05–CV–1766 (JFB)(AKT).
• Citation: 745 F.Supp.2d 115
• Parties: FRANK SLOUP AND CRABS UNLIMITED, LLC, Plaintiffs,v.Alan LOEFFLER, Individually and in His Official Capacity as a Town of Islip Employee, Town of Islip, and Craig Pomroy, Individually and in His Official Capacity as a Town of Islip Employee, Defendants.
• Court: U.S. District Court — Eastern District of New York

745 F.Supp.2d 115

FRANK SLOUP AND CRABS UNLIMITED, LLC, Plaintiffs,

v.Alan LOEFFLER, Individually and in His Official Capacity as a Town of Islip Employee, Town of Islip, and Craig Pomroy, Individually and in His Official Capacity as a Town of Islip Employee, Defendants.

No. 05–CV–1766 (JFB)(AKT).

United States District Court, E.D. New York.

Sept. 30, 2010.

A. Craig Purcell, Esq. and Rebecca Ebbecke of Glynn Mercep and Purcell, LLP, Stony Brook, NY, for Plaintiff.Jessica D. Klotz, Esq. of Lewis, Johs, Avallone, Aviles & Kaufman, LLP, Melville, NY, for Defendants.Erin A. Sidaras, Esq., of the Town Attorney's Office, Islip, NY, for the Town of Islip.

memorandum and order

JOSEPH F. BIANCO, District Judge:

Plaintiffs Frank Sloup (“Sloup”) and his business, Crabs Unlimited, LLC (“Crabs Unlimited”) brought this action against defendants Alan Loeffler, individually and in his official capacity as a Town of Islip employee (“Loeffler”) and Craig Pomroy, individually and in his official capacity as a Town of Islip employee (“Pomroy”) (together the “individual defendants”), as well as the Town of Islip (the “Town” or “Islip”) (collectively “defendants”), alleging that defendants violated plaintiffs' constitutional rights when they were banned from fishing and crabbing in certain waters of the Town of Islip.

A jury trial took place from October 19, 2009 through November 3, 2009, and the jury (1) found that a ban was imposed on plaintiff Frank Sloup, prohibiting him from fishing in the harbor areas of the Town of Islip in 2004 by both Alan Loeffler and Craig Pomroy; (2) found defendants Alan Loeffler and Craig Pomroy liable under an equal protection “class of one” claim; (3) found defendants Alan Loeffler and Craig Pomroy liable under an equal protection “selective enforcement” claim; (4) found defendants Alan Loefller and Craig Pomroy liable for violating plaintiffs' substantive due process rights; and (5) found the Town of Islip liable for violations of plaintiffs' constitutional rights.

With respect to damages, the jury awarded $1.8 million in compensatory damages and $150,000 in punitive damages against defendant Alan Loeffler and $150,000 in punitive damages against defendant Craig Pomroy in connection with the imposition of the ban on Sloup's fishing.

Presently before the Court are post-trial motions brought by the Town and the individual defendants. Defendant Town of Islip now moves for judgment as a matter of law pursuant to Federal Rule of Civil Procedure 50(b) on the basis that there was an absence of proof that defendant Loeffler was a policymaker or that a long-standing custom or policy existed in the Town that led to the alleged constitutional violation. The Town also moves for a new trial under Federal Rule of Civil Procedure 59 based on the grounds that (a) defendant Loeffler was erroneously found to be a policymaker and it was error to find that the Town had a long-standing custom or policy that led to the constitutional violation; (b) excessive compensatory and punitive damages were awarded; and (c) the verdict was against the weight of the evidence.

The individual defendants also move for judgment as a matter of law under Rule 50(b). Specifically, they argue that plaintiffs failed to present legally sufficient evidence to support their (a) substantive due process; (b) equal protection class of one; and (c) equal protection selective enforcement claims. The individual defendants also move to set aside the verdict and for a new trial under Rule 59 on the grounds that (a) the verdict was against the weight of the evidence; and (b) the damages were grossly excessive. The individual defendants further move to set aside the verdict on the grounds that the compensatory and punitive damages awarded were excessive and against the weight of the evidence.

For the reasons that follow, defendants' Rule 59 motions for a new trial on the issue of damages is granted, but the remainder of defendants' claims are denied.

I. Background

Sloup filed the complaint in this action on April 7, 2005. On September 26, 2005, Islip and the individual defendants separately moved to dismiss the complaint pursuant to Rules 8 and 12(f) of the Federal Rules of Civil Procedure. By Memorandum and Order dated March 13, 2006, 2006 WL 767869, the Court denied defendants' motions in their entirety. On May 3, 2006, Islip and the individual defendants submitted their answers to the complaint, and, after discovery, on May 19, 2008, Islip and the individual defendants submitted their motions for summary judgment. On August 21, 2008, 2008 WL 3978208, the Court denied defendants' motions for summary judgment with respect to plaintiff Frank Sloup's Fourteenth Amendment claims and granted their motions with respect to plaintiff's First Amendment claims. With respect to plaintiff's municipal liability claim, the Town's motion for summary judgment was denied without prejudice to Islip renewing it at the close of evidence at trial. Familiarity with the decisions, the facts and the legal analysis contained in the Court's March 13, 2006 Memorandum and Opinion and August 21, 2008 Memorandum and Opinion is presumed. On October 20, 2008, plaintiff amended the complaint to add Crabs Unlimited, LLC, as a plaintiff to the action.

From October 19, 2009 through November 3, 2009, a jury trial was held before this Court on plaintiffs' remaining claims. On November 3, 2009, the jury found in favor of the plaintiffs as to their claims for violation of their equal protection and substantive due process rights and awarded $1.8 million in compensatory damages against all defendants. The jury also determined that punitive damages were warranted against the individual defendants. After deliberation, the jury awarded $150,000 in punitive damages against defendant Alan Loeffler and $150,000 in punitive damages against defendant Craig Pomroy.

On November 18, 2009, the Town and the individual defendants filed post-trial motions. Defendants moved for judgment as a matter of law notwithstanding the verdict pursuant to Federal Rule of Civil Procedure 50(b) and for remittitur or a new trial pursuant to Federal Rule of Civil Procedure 59 as to the compensatory and punitive damages against the defendants. Plaintiffs' opposition papers were filed on December 17, 2009. Defendants filed their reply papers on January 29, 2010. Oral argument was held on February 11, 2010. The Court has fully considered all submissions of the parties.

II. Discussion

A. Rule 50(b) Motions for Judgment as a Matter of Law

1. Standard of Review

The standard governing motions for judgment as a matter of law (formerly described as motions for directed verdict) pursuant to Rule 50 is well-settled. Judgment as a matter of law may not properly be granted under Rule 50 against a party “unless the evidence, viewed in the light most favorable to the nonmoving party, is insufficient to permit a reasonable juror to find in his favor.” Arlio v. Lively, 474 F.3d 46, 51 (2d Cir.2007) (citing Galdieri–Ambrosini v. Nat'l Realty & Dev. Corp., 136 F.3d 276, 289 (2d Cir.1998)). In deciding such a motion, the Court must give deference to all credibility determinations and reasonable inferences of the jury, and it “may not itself weigh the credibility of witnesses or consider the weight of the evidence.” Meloff v. N.Y. Life Ins. Co., 240 F.3d 138, 145 (2d Cir.2001) (quoting Galdieri–Ambrosini, 136 F.3d at 289). Thus, judgment as a matter of law should not be granted unless:

(1) [T]here is such a complete absence of evidence supporting the verdict that the jury's findings could only have been the result of sheer surmise and conjecture, or

(2) [T]here is such an overwhelming amount of evidence in favor of the movant that reasonable and fair minded [persons] could not arrive at a verdict against [it].

Advance Pharm., Inc. v. United States, 391 F.3d 377, 390 (2d Cir.2004) (quoting Galdieri–Ambrosini, 136 F.3d at 289) (internal citations omitted).

2. The Town's Rule 50(b) Motions

a. Absence of Evidence of Town Policy

First, the Town moves for judgment as a matter of law on the issue of municipal liability. In determining municipal liability, it is necessary to conduct a separate inquiry into whether there exists a “policy” or “custom.” The Supreme Court has identified at least two situations that constitute a municipal policy: “(1) where there is an officially promulgated policy as that term is generally understood ( i.e., a formal act by the municipality's governing body), and (2) where a single act is taken by a municipal employee who, as a matter of state law, has final policymaking authority in the area in which the action was taken.” Davis v. City of N.Y., 228 F.Supp.2d 327, 336–37 (S.D.N.Y.2002). The Town of Islip contends in its motion for judgment as a matter of law that, in the instant case, liability cannot be predicated upon either theory because plaintiffs presented no evidence at trial of a longstanding policy, practice, or custom of the Town of Islip. The Town also contends that the individual defendants were not policymakers whose allegedly unconstitutional actions would result in the imposition of liability on the municipality. The Court addresses each of these arguments in turn and upholds the jury's finding of liability for the Town on each ground.

(1) Practice or Custom

“A municipality will not be held liable under § 1983 unless plaintiffs can demonstrate that the allegedly unconstitutional action of an individual law enforcement official was taken pursuant to a policy or custom officially adopted and promulgated by that [municipality's] officers.” Abreu v. City of N.Y., No. 04–CV–1721, 2006 WL 401651, at *4, 2006 U.S. Dist. LEXIS 6505, at *11 (E.D.N.Y. Feb. 22, 2006) (quotation marks omitted) (citing Monell v. Dep't of Soc. Servs., 436 U.S. 658, 690, 98 S.Ct. 2018, 56 L.Ed.2d 611 (1978)). Here, it is not disputed that defendants Loeffler and Pomroy were acting under color of law when they...