Aczel v. Labonia

584 F.3d 52, 74 Fed. R. Serv. 3d 1285, 2009 U.S. App. LEXIS 22364, 2009 WL 3233815
Court of Appeals for the Second Circuit·Decided October 9, 2009·No. Docket 08-2741-cv·Published·Cited by 294 cases

Opinions

Judge POOLER dissents by separate opinion.

LEVAL, Circuit Judge:

Plaintiff John Aczel appeals from the judgment of the United States District Court for the District of Connecticut (Dorsey, J.) granting judgment to Defendant, Police Officer Leonard Labonia, on Plaintiffs claim of use of excessive force. The case presents an unusual procedural history. The jury answered interrogatories in [54] a special verdict form, finding that Plaintiff had proved that Labonia used excessive force and that $12,078.61 in damages were proximately caused by Labonia’s acts but that Labonia was entitled to qualified immunity because he had an objectively reasonable belief that his conduct was justified under the circumstances. Treating the jury’s factual finding that $12,078.61 in damages were proximately caused by Defendant’s excessive force as if it were a general verdict awarding damages under Rule 49(b), Fed.R.Civ.P., which would be inconsistent with the jury’s finding that Defendant was entitled to qualified immunity, the district court initially rejected the verdict and ordered a new trial. Both sides appealed. Upon remand by this court, which left the district court free to reconsider its initial ruling, the district court granted Labonia’s motion for reconsideration and for judgment. Plaintiff appealed again. Because the jury unanimously found that Defendant was entitled to qualified immunity and there was no flaw in the finding that required the court to reject it, the district court acted within its discretion in entering judgment for Defendant and denying Plaintiffs motion for a new trial. We therefore affirm the judgment.

BACKGROUND

Aczel brought this action against Labo-nia and Ethan Mable, both police officers of the city of Danbury, Connecticut, alleging inter alia federal constitutional claims of false arrest and use of excessive force and state law claims of assault, false imprisonment, and abuse of process. The matter was tried before a jury in the district court. Plaintiff testified that he did not act improperly at any time. He contended that the defendants had no justification for arresting him on charges of interfering with a police officer and breach of the peace in violation of Connecticut General Statutes §§ 53a-167a and 53a-181 and that, while arresting him, the defendants choked him, kneed him in the head, and kicked him repeatedly. Defendant Labonia offered evidence that Aczel was intoxicated and resisted arrest and that the officers took necessary incremental steps to restrain and subdue him.

The court instructed the jury what facts Plaintiff needed to prove to establish that a defendant had violated his rights. Then, on the subject of qualified immunity with respect to Plaintiffs federal civil rights claims, the court properly instructed the jury, in accord with the Supreme Court’s ruling in Harlow v. Fitzgerald, 457 U.S. 800, 102 S.Ct. 2727, 73 L.Ed.2d 396 (1982), and without objection from Plaintiff, to the effect that a defendant had an absolute defense to liability if, at the time of his interaction with Plaintiff, the defendant had an objectively reasonable belief that his actions were justified under the circumstances.

With respect to damages, the court instructed as follows,

The fact that I charge you as to damages should not be taken as a suggestion that you should reach the question of damages. I do so only in case you decide the question of liability; that is, in favor of the plaintiff. You should not consider the question of damages unless and until you decide the issue of liability in one or more respects in favor of the plaintiff.

(Emphasis added).

With the consent of the parties, the court distributed to the jurors a special verdict form, in accordance with Rule 49(b)(1), Fed.R.Civ.P. This was in the form of a questionnaire, which asked the jurors to answer specific factual questions from which the ultimate verdict and judgment might be derived. In Part A, as to each of [55] Plaintiffs claims, the form asked whether Plaintiff had proved the facts necessary to establish a violation of his rights. As to each claim of violation of a federal constitutional right that the jury found Plaintiff had established, the form asked whether Defendant had proved entitlement to qualified immunity. For example, as to the claim of use of excessive force, question A2(a) asked whether Defendant had proved entitlement to qualified immunity by proving “a reasonable and objective belief that the force used was reasonable under the circumstances at the time of the arrest.” Consistent with its oral instructions to consider the question of damages if the jury decided the issue of liability in one or more respects in favor of the plaintiff, Part B then instructed the jury to state the amount of compensatory damages that were proximately caused by the acts of Defendant for any claim as to which the jury had answered “Yes” to the interrogatory in Part A. Thus, under the directions of the questionnaire, the jurors were required to state the compensatory damages proximately caused by a defendant’s wrongful conduct notwithstanding a finding of qualified immunity as to such claim.

After a period of deliberations, the jury announced that it had reached a decision and returned the verdict form, signed by the foreperson. The jury completely exonerated the defendant Mable. It exonerated Labonia, on every claim except use of excessive force, answering ‘Yes” to question A2, thus indicating its finding that Labonia violated Plaintiffs right under the Fourth Amendment to be free of excessive force. As to this claim, however, the jury also answered question A2(a) stating that Labonia “proved ... entitlement to qualified immunity by proving [his] reasonable and objective belief that the force used was reasonable under the circumstances at the time of the arrest.” Consistent with the instruction to answer question B 1 on proximately caused damages if the jury gave a “Yes” answer to any question in Part A, the jury entered $12,078.61 as the “amount of compensatory damages [Plaintiff has] proved were proximately caused by” Labonia’s wrongful acts.

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Aczel v. Labonia, 584 F.3d 52, 74 Fed. R. Serv. 3d 1285, 2009 U.S. App. LEXIS 22364, 2009 WL 3233815 (2d Cir. 2009).

584 F.3d 52 (Aczel v. Labonia) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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