Mayberry v. Walters

862 F.2d 1040, 1988 WL 133154
CourtCourt of Appeals for the Third Circuit
DecidedDecember 16, 1988
DocketNos. 88-5174, 88-5175, 88-5181 and 88-5422
StatusPublished
Cited by8 cases

This text of 862 F.2d 1040 (Mayberry v. Walters) is published on Counsel Stack Legal Research, covering Court of Appeals for the Third Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Mayberry v. Walters, 862 F.2d 1040, 1988 WL 133154 (3d Cir. 1988).

Opinion

OPINION OF THE COURT

SEITZ, Circuit Judge.

Three individual defendants appeal from a portion of a final order of the district court denying their motions for a new trial or to alter or amend the judgment after a jury verdict in plaintiff’s favor. In addition, the pro se plaintiff and his former counsel appeal from other portions of the same order. We have jurisdiction under 28 U.S.C. § 1291 (1982).

Plaintiff, a state convicted prisoner, commenced this action under 42 U.S.C. § 1983 (1982) against three prison officials for damages resulting from an attack on him by a fellow prisoner. He alleged the following violations of the eighth and fourteenth amendments to the United States Constitution:1

(1) the attack was the result of a conspiracy among the defendants to cause the attack to be made on him; or (2) the defendants’ failure to protect him from the attack under the circumstances constituted gross negligence. The jury awarded plaintiff $500 in compensatory damages and $500 in punitive damages against each defendant. The defendants moved for a new trial and, alternatively, to alter or amend the judgment. We shall first address their arguments on appeal.

I.

A.

Defendants contend that the district court erred in denying their motion for a new trial because the jury verdict was contrary to the clear weight of the evidence as to both liability and damages.

We review the district court’s denial of a new trial under an abuse of discretion standard. Thomas v. Korvette, 476 F.2d 471, 474 (3d Cir.1973). The district court concluded that plaintiff’s testimony, despite the denials by defendants, created a credibility issue for the jury. Although, the district court did not further refine the matter, we infer that it felt that such was the case as to both of plaintiff’s alleged theories of liability.

We have reviewed the record, including the trial transcript in this matter, and it cannot be doubted that credibility issues existed with respect to several critical factors under either of plaintiff’s theories, e.g., the point in time when defendants knew of the attacking prisoner’s alleged animosity toward plaintiff. The admissible evidence on the conspiracy theory of liability is much less compelling than that on the [1042]*1042gross negligence theory. However, we cannot say it does not meet the minimum standards for jury consideration. Nor, given our standard of review, can we say the evidence on the gross negligence theory fails to meet this threshold. Thus, we cannot conclude that the district court abused its discretion in denying a new trial as to either liability or damages, despite a deep unease as to the believability of some of the testimony.

B.

Defendants urge that, in any event, a new trial should have been granted because the district court committed prejudicial error in excluding a document offered by them on the ground that a proper foundation had not been laid for its admission. We again review for abuse of discretion.

We have no doubt that the testimony identifying plaintiffs handwriting on the document in question satisfied any reasonable authentication requirement. Thus, the exclusion of the document was not consistent with a sound exercise of discretion. However, we believe that the exclusion did not constitute reversible error because the message of the letter, reflecting plaintiffs extreme animosity toward prison personnel, was clearly evident to the jury on the basis of plaintiffs own testimony.

C.

Defendants argue lastly that the district court erred in not altering or amending the judgment as to the amount of damages awarded. We review once more for abuse of discretion.

After a review of the record and considering the amount awarded, we find no basis to question the reasonableness of the jury’s compensatory damages verdict. As to punitive damages, we have reviewed the record and — given plaintiffs theories of liability and the evidence in the record — we cannot conclude that the district court abused its discretion in denying the motion. Consequently, the denial of the defendants’ motions will be affirmed.

II.

We turn now to plaintiff’s appeals from the district court’s orders refusing to allow his costs under either Fed.R.Civ.P. 54(d) or 42 U.S.C. § 1988 (1982), and from the district court’s denial of the motion of his former attorney, Prudence Bushnell, for attorney’s fees. At this point we limit our discussion to “costs” other than legal services rendered by Ms. Bushnell.

The district court denied this pro se plaintiff costs representing services rendered him by a paralegal. There is no authority to consider such services as costs to plaintiff under Fed.R.Civ.P. 54(d) nor are they recoverable under 42 U.S.C. § 1988, which by its terms provides only for an “attorney’s fee” and not for a fee for paralegal services. “The use of the words ‘attorney’s fee[]’ presupposes that the prevailing party has been represented by an attorney.” Vaughn v. Pitts, 679 F.2d 311, 312 (3d Cir.1982). We emphasize that we are not concerned with the value of paralegal services rendered to an attorney in a cause. Otherwise permissible costs under the Rule 54(d) — requested in addition to the costs representing paralegal services— were properly denied plaintiff because of his failure to comply with the requirements and limitations imposed by the district court. The orders of the district court denying costs to the plaintiff will be affirmed.

We come next to an unusual aspect of this litigation. One of the notices of appeal filed by plaintiff was, in part, directed to the order of the district court denying Prudence Bushnell’s petition under 42 U.S.C. § 1988 for attorney’s fees. Ms. Bushnell also filed an appeal from the same order. Some background is in order.

Plaintiff filed a pro se complaint. Subsequently, Ms. Bushnell, on application, was permitted to appear as his counsel. At some point thereafter, Ms. Bushnell filed a motion for a continuance of the trial date on the ground that she needed more prepa[1043]*1043ration time in view of the state of the record and her other legal commitments. The motion was not acceded to by defendants’ counsel. Although a continuance was granted by the district court, plaintiffs counsel felt that the extension was totally inadequate under the circumstances. She then filed a motion for reconsideration or, in the alternative, for leave to withdraw her appearance. This motion was denied. The plaintiff, himself, thereupon moved to dismiss Ms. Bushnell as his counsel and his motion was granted prior to trial.

After plaintiff, proceeding

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Mayberry v. Walters
862 F.2d 1040 (Third Circuit, 1988)

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Bluebook (online)
862 F.2d 1040, 1988 WL 133154, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mayberry-v-walters-ca3-1988.