Caruso v. Forslund

842 F. Supp. 1497, 1994 U.S. Dist. LEXIS 1055, 1994 WL 30004
CourtDistrict Court, D. Connecticut
DecidedJanuary 10, 1994
DocketCiv. No. 3-89-104 (WWE)
StatusPublished
Cited by3 cases

This text of 842 F. Supp. 1497 (Caruso v. Forslund) is published on Counsel Stack Legal Research, covering District Court, D. Connecticut primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Caruso v. Forslund, 842 F. Supp. 1497, 1994 U.S. Dist. LEXIS 1055, 1994 WL 30004 (D. Conn. 1994).

Opinion

RULING ON PENDING MOTIONS

EGINTON, Senior District Judge.

Plaintiff, Lesa Caruso, brought this action against defendants, William Forslund and Nicholas Palladino, pursuant to 42 U.S.C. § 1983. The case proceeded to trial on plaintiffs allegation that defendants conducted an unreasonable search of her residence in violation of the fourth amendment to the United States Constitution.

The jury could reasonably have found the following facts. Doris Neuman contacted the East Haven Police Department regarding the whereabouts of her daughter, Nichole Caruso. Neuman believed that her daughter was with her father. Neuman did not provide the police with a court order establishing custody of Nichole, nor did she file a criminal complaint pertaining to this matter. Defendants, East Haven Police Officers, believed that Nichole’s father was at plaintiff’s residence.

On the basis of Neuman’s report, defendants proceeded to plaintiffs residence. Defendants entered and searched plaintiffs home without first obtaining a warrant and without plaintiffs consent. Against plaintiffs express desires, defendants remained on the premises.

At the conclusion of the evidence, defendants moved for judgment as a matter of law. The court denied the motion and submitted the case to the jury. In response to written interrogatories, the jury found by a preponderance of the evidence that defendants conducted an unreasonable search of plaintiffs residence. However, the jury did not award plaintiff either nominal or compensatory damages.

Defendants have moved for judgment as a matter of law or, alternatively, for a new trial. Plaintiff has filed motions for (1) an award of nominal damages and (2) a new trial limited to the issue of punitive damages. For the following reasons, the court will deny defendants’ motion. The court will grant plaintiffs motion for an award of nominal damages and deny plaintiffs motion for a new trial on punitive damages. The court will not award attorney fees.

DEFENDANTS’ MOTION FOR JUDGMENT OR FOR A NEW TRIAL

The standard for granting a judgment notwithstanding the verdict is a strict one. [1499]*1499“A verdict may be directed under [Fed. R.Civ.P.] 50 only if ‘without weighing the credibility of the witnesses or otherwise considering the weight of the evidence, there can be but one conclusion as to the verdict that reasonable [persons] could have reached.’” Stubbs v. Dudley, 849 F.2d 83, 85 (2d Cir. 1988), cert. denied, 489 U.S. 1034, 109 S.Ct. 1095, 103 L.Ed.2d 230 (1989) (quoting Simblest v. Maynard, 427 F.2d 1, 4 (2d Cir. 1970)). In the present case, defendants cannot meet this standard.

The evidence clearly indicates that defendants entered plaintiffs residence without a warrant. Moreover, plaintiff insisted that defendants leave the premises. Once defendants entered plaintiffs home, at least one of them searched other areas of the residence. From this evidence, the jury could properly conclude that defendants unreasonably searched plaintiffs residence. The evidence is not so one-sided as to warrant a judgment contrary to the jury’s verdict.

To be sure, defendants’ evidence suggests that they acted to preserve the well-being of a minor child. Nonetheless, defendants never received a criminal complaint against the child’s father, nor did they have an official custody order. Thus, the jury was well within its province in concluding that defendants conducted an unreasonable search of plaintiffs residence.

Defendants’ motion for a new trial is also unavailing. In ruling on a motion for a new trial, a trial court may weigh the evidence adduced at trial. The court is not bound to view the evidence in the light most favorable to the verdict winner. Bevevino v. Saydjari, 574 F.2d 676, 684 (2d Cir.1978). Still, the court must avoid interfering with a jury verdict absent a clear indication that the jury reached an erroneous result or that the verdict resulted in a miscarriage of justice. Song v. Ives Lab., Inc., 957 F.2d 1041, 1047 (2d Cir.1992). In the present ease, the evidence adduced at trial adequately supports the jury’s verdict. A new trial is not warranted.

DAMAGES

Plaintiff advances two arguments relating to damages. First, plaintiff contends that because the jury found that defendants conducted an unreasonable search, she is entitled to an award of nominal damages. Second, plaintiff asserts that she is entitled to a new trial on the issue of punitive damages.

Plaintiff correctly asserts that the jury should have awarded her nominal damages. The jury concluded in unequivocal terms that defendant conducted an unreasonable search of her residence. No doubt, the jury was entitled to find that plaintiff failed to prove actual damages. Nonetheless, an award of $1.00 in nominal damages is necessary to account for the established constitutional violation. Farrar v. Hobby, — U.S. -,-, 113 S.Ct. 566, 573, 121 L.Ed.2d 494 (1992); Carey v. Piphus, 435 U.S. 247, 266, 98 S.Ct. 1042, 1054, 55 L.Ed.2d 252 (1978); Ruggerio v. Krzeminski, 928 F.2d 558, 563 (2d Cir.1991). Plaintiffs motion for nominal damages will be granted. The court will award plaintiff $1.00 in nominal damages.

Plaintiffs next claim is that a new trial is necessary to assess the efficacy of punitive damages. “[A] jury may be permitted to assess punitive damages in an action under § 1983 when the defendant’s conduct is shown to be motivated by evil motive or intent, or when it involves reckless or callous indifference to the federally protected rights of others.” Smith v. Wade, 461 U.S. 30, 56, 103 S.Ct. 1625, 1640, 75 L.Ed.2d 632 (1983). Generally, the imposition of punitive damages is limited to cases involving egregious conduct or a showing of willfulness or malice on the part of the defendant. Beauford v. Sisters of Mercy, 816 F.2d 1104, 1109 (6th Cir.), cert. denied, 484 U.S. 913, 108 S.Ct. 259, 98 L.Ed.2d 217 (1987). Absent evidence that a defendant was motivated by an evil intent or a reckless or callous indifference to a plaintiffs constitutional rights, a jury cannot award punitive damages. Satchell v. Clark, 725 F.Supp. 691, 695 (E.D.N.Y.1989).

In the present case, the evidence cannot support an award of punitive damages. [1500]*1500Plaintiff did not offer evidence to the effect that either defendant had the requisite evil intent, or callous or reckless indifference to plaintiffs rights. In fact, the undisputed evidence indicates that defendants’ primary motivation was to protect the well-being of a minor child.

An this court has already noted, the jury reasonably concluded that defendants unlawfully searched plaintiffs residence.

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842 F. Supp. 1497, 1994 U.S. Dist. LEXIS 1055, 1994 WL 30004, Counsel Stack Legal Research, https://law.counselstack.com/opinion/caruso-v-forslund-ctd-1994.