Edward Lentz, Jr. v. City of Cleveland

333 F. App'x 42
CourtCourt of Appeals for the Sixth Circuit
DecidedJune 4, 2009
Docket07-4385, 07-4386
StatusUnpublished
Cited by9 cases

This text of 333 F. App'x 42 (Edward Lentz, Jr. v. City of Cleveland) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Edward Lentz, Jr. v. City of Cleveland, 333 F. App'x 42 (6th Cir. 2009).

Opinions

COOK, Circuit Judge.

Edward Lentz, Jr., a white Cleveland police officer, sued the City of Cleveland and various officials (“Defendants”) for discriminating and retaliating against him after he shot the adolescent black driver of a stolen vehicle. A jury agreed with Lentz, awarding him $800,000 in damages. Defendants challenged the sufficiency of the evidence and the court’s evidentiary rulings, and sought a remittitur though a [44]*44Rule 50 motion. On appeal, Defendants challenge the district court’s denial of that motion. Lentz cross appeals. We reverse and remand the district court’s denial of the remittitur, but affirm the other aspects of its denial of Defendants’ Rule 50 motion. We also deny the cross-appeal.

I.

The shooting occurred while Lentz guarded the home of Mayor-elect Jane Campbell in 2001. He observed a station wagon proceed erratically down the street and abruptly stop behind his squad car. As Lentz approached, the car backed up, hit a tree, and Lentz somehow ended up on its roof. To get the car to stop as it drove toward an intersection — with him on top — Lentz fired fourteen rounds through its roof, injuring the black juvenile driver.

The Police Department (“Department”) assigned Lentz to police gymnasium duty pending an investigation and it is the lengthy duration of this assignment that spurred Lentz’s complaint — he spent 652 days on gym duty, much longer than the time typically served by officers involved in shootings. The Use of Deadly Force investigation team (“UDF”) completed its investigation within a normal time frame and the assistant prosecutor submitted a felonious-assault charge to a grand jury. But before the grand jury could decide whether to indict Lentz, a Department official — Lieutenant Robert Klimak — withdrew the case from grand jury consideration and retained the file for some five months — from April to October 2002 — before he returned it to the chief prosecutor.

The prosecutor resubmitted the felonious-assault charge and added a misdemeanor count of providing false information to the UDF. The grand jury indicted Lentz on the falsification charge only; the court later dismissed the charge. The Department then filed departmental disciplinary charges against Lentz for (1) violating the “use of force” policy; (2) lying about the shooting; and (3) failing to notify dispatch before approaching the vehicle. Lentz conceded the “failure to notify” charge and the Department dismissed the others. On September 17, 2003, nearly 22 months after the shooting, the Department reinstated Lentz with back pay.

In his state court complaint, Lentz alleged a variety of claims against the Defendants, who removed the case to federal court. That federal jury found that the Defendants unlawfully discriminated and retaliated against Lentz, and found the City liable under Section 1983. When Defendants moved for judgment as a matter of law, a new trial, or remittitur, the district court refused. On appeal, Defendants contend that: the evidence fails to support the jury’s verdict; that the district court erred in six evidentiary rulings; and that the jury awarded excessive damages. Lentz cross-appeals the denial of his motion for prejudgment interest.

II.

We first address Defendants’ claims relating to the denial of their Rule 50 motion for judgment as a matter of law. We review de novo. White v. Burlington N. & Santa Fe Ry. Co., 364 F.3d 789, 794 (6th Cir.2004) (en banc).1 Defendants assert that sufficient evidence did not support the jury’s findings that: (1) Defendants discriminated against Lentz; (2) Defendants retaliated against Lentz for engaging in [45]*45protected activity; and (3) the City had a municipal policy to discriminate against white officers, and more particularly to retaliate against Lentz, in violation of 42 U.S.C. § 1983. We address each argument in turn.

A. Evidence of Discrimination

The familiar McDonnell Douglas framework guides Lentz’s discrimination claims under federal and Ohio law. McDonnell Douglas Corp. v. Green, 411 U.S. 792, 802, 93 S.Ct. 1817, 36 L.Ed.2d 668 (1973); Little Forest Med. Ctr. of Akron v. Ohio Civil Rights Comm’n, 61 Ohio St.3d 607, 575 N.E.2d 1164, 1167 (1991). To establish a prima facie case, a plaintiff must demonstrate: (1) membership in a protected group;2 (2) that the plaintiff was qualified for the position; (3) that the plaintiff was subject to adverse employment action; and (4) that the plaintiff was treated differently than similarly situated employees. The burden then shifts to the defendant to articulate a legitimate, non-diseriminatory reason for its action, after which the plaintiff must demonstrate that the proffered reason is a pretext for discrimination. McDonnell Douglas, 411 U.S. at 802-04, 93 S.Ct. 1817.

Following a trial on the merits, our review focuses on the “ultimate question of discrimination,” and not the prima facie case. Noble v. Brinker Int’l Inc., 391 F.3d 715, 720 (6th Cir.2004) (quoting Gray v. Toshiba Am. Consumer Prods., Inc., 263 F.3d 595, 599 (6th Cir.2001)). Nonetheless, Defendants dispute the individual elements, particularly whether (1) adverse employment action occurred, and (2) the other employees are similarly situated. We need not address either argument because “our duty ... is simply to determine whether [plaintiff] produced sufficient evidence to support the jury’s finding of intentional discrimination.” Noble, 391 F.3d at 721.

We also decline to address the argument that the district court improperly took the adverse employment action element away from the jury, finding that Defendants’ failure to raise the issue in their Rule 50(a) motion precluded them from raising it in a post-verdict motion for judgment as a matter of law. Defendants’ oral motion mentioned adverse employment action only as part of a generalized objection to the sufficiency of the evidence. And while we agree that “[technical noncompliance with Rule 50(b) may be excused in situations in which the purposes of the rule are satisfied,” Kusens v. Pascal Co., 448 F.3d 349, 361 (6th Cir.2006) (quoting Scottish Heritable Trust, PLC v. Peat Marwick Main & Co., 81 F.3d 606, 610 (5th Cir.1996)), this is not such a case. Rule 50 serves to “alert the opposing party to the insufficiency before the case is submitted to the jury,” Scottish Heritable Trust, 81 F.3d at 610, but Defendants’ conduct undermined that purpose. As Judge O’Malley explained:

[Y]ou never sought reconsideration from that finding from Judge Manos, so that’s why I conclude that he had already made that finding, that the parties relied on that finding in preparing and presenting the case, and frankly, I had relied on that finding throughout.

Neither do we find Defendants’ objection sufficient under Rule 51, which requires that “[a] party who objects to an instruc[46]*46tion or the failure to give an instruction must do so on the record, stating distinctly the matter objected to and the grounds for the objection.” Fed.R.Civ.P.

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Bluebook (online)
333 F. App'x 42, Counsel Stack Legal Research, https://law.counselstack.com/opinion/edward-lentz-jr-v-city-of-cleveland-ca6-2009.