Lake v. Flagg

319 F.R.D. 252, 2017 WL 1152838, 2017 U.S. Dist. LEXIS 45707
CourtDistrict Court, S.D. Illinois
DecidedMarch 28, 2017
DocketCase No. 13-cv-198-SCW
StatusPublished
Cited by1 cases

This text of 319 F.R.D. 252 (Lake v. Flagg) is published on Counsel Stack Legal Research, covering District Court, S.D. Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Lake v. Flagg, 319 F.R.D. 252, 2017 WL 1152838, 2017 U.S. Dist. LEXIS 45707 (S.D. Ill. 2017).

Opinion

MEMORANDUM AND ORDER

STEPHEN C. WILLIAMS, United States Magistrate Judge

Introduction

This matter is before the Court on Defendants’ post-trial motion (Doc. 91 and 92). Defendants seek judgment as a matter of law pursuant to Federal Rule of Civil Procedure 50 and/or a new tidal or remittitur of the verdict. Plaintiff has filed a response in opposition to Defendants’ motion (Doc. 95). Based on the following, the Court DENIES Defendants’ motion.

Factual Background

Plaintiff filed his complaint on February 27, 2013 (Doc. 1). The claim which ultimately proceeded to trial was a single retaliation claim against Defendants Julius Flagg and Nina Hower for transferring Plaintiff to Hill Correctional Center in retaliation for filing grievances regarding staff misconduct. The jury returned a verdict in favor of Plaintiff against both Defendants (Doc. 82). Plaintiff was awarded $1.00 in compensatory damages and a punitive damages award of $5,000 against each Defendant for a total of $10,000 in punitive damages (Doc. 82).

Subsequent to the entering of judgment in this case, Defendants filed the pending post-trial motion (Doc. 92). Defendants seek judgment as a matter of law pursuant to Federal Rule of Civil Procedure 50. Defendants argue that Plaintiff failed to introduce evidence sufficient to prove his claim that Defendants transferred Plaintiff to Hill Correctional Center in retaliation for Plaintiff filing grievances. In addition to the motion for judgment as a matter of law, Defendants’ post-trial motion also included a motion for new trial. The motion for new trial argues that the verdict was against the manifest weight of the evidence, the punitive damage award of $10,000 was excessive, and that the Court’s jury instructions related to the elements of retaliation and punitive damages award were incorrect. Plaintiff has filed a response in opposition to the motion (Doc. 95).

Legal Standards

A. Federal Rule of Civil Procedure 50(b)

Defendants seek judgment as a matter of law pursuant to Federal Rule of Civil Procedure 50(b). Rule 50(b) allows a party to re-raise its previous request for judgment as a matter of law within 28 days of the jury being discharged. Fed.R.Civ.P. 50(b). Such a motion should only be granted when “the court finds that a reasonable jury would not have a legally sufficient evidentiary basis to find for the party on that issue.” Fed. R.Civ.P. 50(a)(1). “In ruling on the renewed motion, the court may: (1) allow judgment on the verdict ...; (2) order a new trial; or (3) direct the entry of judgment as a matter of law.” Fed.R.Civ.P. 50(b).

In reviewing a party’s motion, the court must construe “the evidence strictly in favor of the party who prevailed before the jury and examines evidence only to determine whether the jury’s verdict could reasonably be based on that evidence.” Passananti v. Cook County, 689 F.3d 655, 659 (7th Cir. 2012) (citing Tart v. Illinois Power Co., 366 F.3d 461, 464 (7th Cir. 2004)). The court will also not make credibility determinations or weigh the evidence. Id. (citing Waite v. Board of Trustees of Illinois Comm. College Dist. No. 508, 408 F.3d 339, 343 (7th Cir. 2005)). The Seventh Circuit has stated that “overturning a jury verdict is not something [the court] do[es] lightly,” Massey v. Blue Cross-Blue Shield of Ill., 226 F.3d 922, 925 (7th Cir. 2000), and it will only do so if the moving party can show that no rational jury could have brought in a verdict against it. Hossack v. Floor Covering Associates of Joliet, Inc., 492 F.3d 853, 859 (7th Cir. 2007).

B. Motion for New Trial

Defendants seek a new trial pursuant to Federal Rule of Civil Procedure 59(a). Rule 59(a) allows the court, after a jury trial, to grant a new trial on all or as to some of the issues, as to any party, “for any reasons for which a new trial has heretofore been [256]*256granted in an action at law in federal court.” Fed.R.Civ.P. 59(a), See also ABM Marking, Inc. v. Zanasi Fratelli, S.R.L., 353 F.3d 541, 543 (7th Cir. 2003). A court may grant a new trial if “the verdict is against the clear weight of the evidence, the damages are excessive or the trial was unfair to the moving party.” Miksis v. Howard, 106 F.3d 754, 757 (7th Cir. 1997). “In reviewing a motion for a new trial, we view the evidence in the light most favorable to the prevailing party. We will not set aside the jury’s verdict if there is a reasonable basis in the record which supports that verdict.” Allison v. Ticor Title Ins. Co., 979 F.2d 1187, 1196 (7th Cir. 1992).

Analysis

A. Judgment as a Matter of Law

Defendants argue that they are entitled to judgment as a matter of law because Plaintiff failed to prove that his grievances were a motivating factor behind his transfer.1 Establishing a claim of retaliation requires a prisoner to show the following; (1) that he engaged in a protected activity, (2) he suffered a deprivation likely to prevent future protected activities, and (3) there was a causal connection between the two. See also Watkins v. Kasper, 599 F.3d 791, 794 (7th Cir. 2010); Bridges v. Gilbert, 557 F.3d 541, 546 (7th Cir. 2009). A defendant can still prevail, however, if he shows that the offending action would have happened even if there had been no retaliatory motive, i.e. “the harm would have occurred anyway.” Mays v. Springborn, 719 F.3d 631, 634-35 (7th Cir. 2013); Greene v. Doruff, 660 F.3d 975, 977-80 (7th Cir. 2011).

Defendants argue that Plaintiff presented no evidence beyond his subjective belief and suspicious timing to support his claim that Defendants retaliated against him. Defendants further argue that the three month delay, from the time his filed his grievance to the time he was transferred, was too remote to support a causal connection because the retaliation must occur no more than a few days after the protected speech to establish a causal connection. To support their argument, they cite Kidwell v. Eisenhauer,

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Bluebook (online)
319 F.R.D. 252, 2017 WL 1152838, 2017 U.S. Dist. LEXIS 45707, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lake-v-flagg-ilsd-2017.