Jackson v. City of Albuquerque

715 F. Supp. 1048, 1987 U.S. Dist. LEXIS 14927, 49 Fair Empl. Prac. Cas. (BNA) 1374, 1987 WL 56685
CourtDistrict Court, D. New Mexico
DecidedAugust 28, 1987
DocketNo. 86-1252-M Civil
StatusPublished
Cited by2 cases

This text of 715 F. Supp. 1048 (Jackson v. City of Albuquerque) is published on Counsel Stack Legal Research, covering District Court, D. New Mexico primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Jackson v. City of Albuquerque, 715 F. Supp. 1048, 1987 U.S. Dist. LEXIS 14927, 49 Fair Empl. Prac. Cas. (BNA) 1374, 1987 WL 56685 (D.N.M. 1987).

Opinion

MEMORANDUM OPINION AND ORDER

MECHEM, Senior District Judge.

This matter came on for consideration on motions of the plaintiff for attorney fees and for reinstatement and on motions of the defendants for judgments notwithstanding the verdict (n.o.v.), a new trial and remittitur. Having considered the motions and memoranda presented by the parties, I find that plaintiff’s motions are well taken in part and will be granted in part and defendants’ motions are not well taken and they will be denied.

Judgment n.o.v., New Trial and Remittitur

Defendants move for judgment n.o.v. or a new trial or remittitur pursuant to Fed.R. Civ.P. 50(b), 59(a) and 59(e). There are different standards for granting or denying motions for judgment n.o.v. and motions for a new trial address different matters.

The motion for judgment [n.o.v.] cannot be granted unless, as a matter of law, the opponent of the movant failed to make a case and, therefore, a verdict in movant’s favor should have been directed. The motion for a new trial may invoke the discretion of the court insofar as it is bottomed on the claim that the verdict is against the weight of the evidence, that the damages are excessive, or that, for other reasons, the trial was not fair to the party moving; and may raise questions of law arising out of alleged substantial errors in admission or rejection of evidence or instructions to the jury.

Montgomery Ward & Co. v. Duncan, 311 U.S. 243, 251, 61 S.Ct. 189, 194, 85 L.Ed. 147 (1940). There is little discretion allowed a court in considering a motion for judgment n.o.v. “The motion for judgment n.o.v. may be granted only when, without weighing the credibility of the evidence, there can be but one reasonable conclusion as to the proper judgment.” 5A Moore’s Federal Practice, 11 50.07[2] (1986). Further, the evidence is to be viewed in the light most favorable to the party opposing [1050]*1050the motion for judgment n.o.v. Sandoval v. U.S. Smelting, Refining & Mining Co., 544 F.2d 463, 463 (10th Cir.1976). “Only when the evidence points but one way and is susceptible to no reasonable inferences which may sustain the position against whom the motion is made is j.n.o.v. appropriate.” EEOC v. University of Oklahoma, 774 F.2d 999, 1001 (10th Cir.1985), cert. denied, 475 U.S. 1120, 106 S.Ct. 1637, 90 L.Ed.2d 183 (1986) citing EEOC v. Prudential Federal Savings & Loan Ass’n, 763 F.2d 1166, 1171 (10th Cir.) cert. denied 474 U.S. 946, 106 S.Ct. 312, 88 L.Ed.2d 289 (1985). There was substantial evidence in this case to support the jury’s verdict and I will not disturb it.

Neither would an award of a new trial or remittitur be appropriate in this case. I shall address the issue of remit-titur first. As plaintiff’s counsel aptly pointed out, the uncontradicted evidence at trial was that plaintiff Carl Jackson earned $28,000.00 plus fringe benefits at the time he was discharged. The uncontradicted evidence was that the fringe benefits brought his income up to close to $50,000.00. Thus a strict mathematical calculation of plaintiff’s economic injury would yield a damage figure slightly higher than the jury’s verdict. Defendants cite Memphis Community Sch. Dist. v. Stachura, 477 U.S. 299, 106 S.Ct. 2537, 91 L.Ed.2d 249 (1986) for reasons which are unclear to me. The jury was not instructed that it was to award damages for the abstract value of a constitutional right. It was instructed on the proper elements of damage for the case, no objection was made to the instructions, and its verdict is amply supported by the evidence. Nor was a doubling the actual damages by means of punitive damages grossly excessive or apparently the result of passion, prejudice or improper sympathy as would be prohibited by White v. Conoco, 710 F.2d 1442 (10th Cir.1983). The motion for remittitur is denied.

Defendants also move for a new trial on the same grounds that they move for judgment n.o.v. Defts.’ Brief at 7. A new trial is appropriate where the jury verdict is against the weight of the evidence, the damages are excessive or the trial was not fair to the moving party. Montgomery Ward & Co., supra at 251, 61 S.Ct. at 194. The standard required for a new trial is lesser than that for judgment n.o.v. the judge must find that the jury verdict was against the weight of the evidence. Brown v. McGraw-Edison Co., 736 F.2d 609 (10th Cir.1984). However, this does not mean that a judge can substitute his judgment for that of the jury. It must be clear that an erroneous result was reached, Frank v. Bloom, 634 F.2d 1245, 1254 (10th Cir.1980), and that the verdict was clearly or overwhelmingly against the weight of the evidence. Prebble v. Brodrick, 535 F.2d 605, 617 (10th Cir.1976). It would be an invasion of the province of the jury to grant a new trial merely because there was a sharp conflict in evidence. 6A Moore’s Federal Practice ¶ 59.80[5] (1986). Such is exactly the case here. The evidence was sharply conflicting regarding all the issues defendants address in their motion. It was not clearly or overwhelmingly in favor of either plaintiff or defendants and I will not disturb the jury’s verdict. The motion for a new trial is denied.

Attorney Fees

42 U.S.C. § 1988 is not a spreading fruit tree under which anyone who has represented the prevailing party at any time may seek shelter and sustenance. The affidavit from Ann Yalman indicates that her representation of Carl Jackson was on issues related to, but not prerequisite to, nor in preparation for, this trial. This is likewise apparently the ease for Houston Ross since his representation of Carl Jackson predated Ms. Yalman’s. The fact that their work was helpful to Mr. Hartmann is insufficient. Their representation of Carl Jackson is not representation in an action to enforce § 1983. Webb v. Dyer County Bd. of Ed., 471 U.S. 234, 241, 105 S.Ct. 1923, 1927, 85 L.Ed.2d 233 (1985). I will not order defendants to pay the fees of these attorneys.

Regarding the remaining attorneys, Carl Hartmann, Paul Ruskin and Judd Conway, I have considered the factors set out [1051]*1051in Hensley v. Eckerhart, 461 U.S. 424, 103 S.Ct. 1933, 76 L.Ed.2d 40 (1983) and Ramos v. Lamm, 713 F.2d 546 (10th Cir.1983).

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715 F. Supp. 1048, 1987 U.S. Dist. LEXIS 14927, 49 Fair Empl. Prac. Cas. (BNA) 1374, 1987 WL 56685, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jackson-v-city-of-albuquerque-nmd-1987.