Monaco v. City of Camden

366 F. App'x 330
CourtCourt of Appeals for the Third Circuit
DecidedFebruary 8, 2010
DocketNo. 09-1190
StatusPublished

This text of 366 F. App'x 330 (Monaco v. City of Camden) 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
Monaco v. City of Camden, 366 F. App'x 330 (3d Cir. 2010).

Opinion

[331]*331OPINION OF THE COURT

HARDIMAN, Circuit Judge.

Steven Monaco appeals a judgment of the District Court denying his motion for a new trial and his second motion to amend complaint. Largely for the reasons explained by the District Court and Magistrate Judge in their cogent opinions, we will affirm.

I.

Because we write for the parties, who are familiar with the facts and procedural history, we recount only those aspects of the case that are essential to our decision.

On May 31, 2002, Monaco was tailgating in the parking lot near the Tweeter Center in Camden, New Jersey prior to a concert when a fight broke out. Monaco alleged that during law enforcement’s response to that fight, he was assaulted by Camden police officers who mistook him for a combatant. According to Monaco, he was taken to the police station where he was questioned by another officer, Shay Sampson, who coerced him into confessing to a public drinking violation.

On May 25, 2004, one week before the expiration of the two-year statute of limitations, Monaco filed suit in the District Court, alleging constitutional and state law claims against the City of Camden, the Camden Police Department, and unnamed John Does. Monaco added Officer Sampson as a Defendant in his first amended complaint.

The case went to trial in June 2008 with the jury finding in Monaco’s favor. The victory was Pyrrhic, however, because although the jury found “that one or more Camden Police Officers deprived [Monaco] of the right to be free from excessive force” and “the right to be free from unlawful arrest,” it also found that Monaco did not prove that the City of Camden had an official custom of deliberate indifference that caused the constitutional violations. Furthermore, the jury found that Monaco did not “prove that Defendant Sampson is liable for malicious prosecution.” Monaco filed a motion for new trial, which the District Court denied.

In this appeal, Monaco challenges both the denial of his motion for new trial as well as the denial of his second motion to amend complaint. We have jurisdiction over the appeal pursuant to 28 U.S.C. § 1291.

II.

A.

Monaco contends that the jury’s finding that the police lacked probable cause to arrest him is inconsistent as a matter of law with its finding that Officer Sampson is not liable for malicious prosecution because lack of probable cause is an element of a malicious prosecution claim.

We review the District Court’s denial of a motion for new trial for abuse of discretion. Thabault v. Chait, 541 F.3d 512, 532 (3d Cir.2008) (citation omitted). A district court may grant a motion for new trial “after a jury trial, for any reason for which a new trial has heretofore been granted in an action at law in federal court.” Fed. R.Civ.P. 59(a)(1)(A). Inconsistent general verdicts may constitute grounds for ordering a new trial. Mosley v. Wilson, 102 F.3d 85, 91 (3d Cir.1996). However, a court may order a new trial based on inconsistent verdicts only if “no rational jury could have brought back the verdicts that were returned.” Pearson v. Welbom, 471 F.3d 732 (7th Cir.2006) (internal quotations and citations omitted). Accordingly, when one party challenges a jury’s verdicts as inconsistent, the court has an obligation first to “attempt to reconcile the jury’s findings” to determine “whether the jury could have, consistent with its instructions, rendered the challenged verdicts.” Davignon v. Hodgson, 524 F.3d 91, 109 [332]*332(1st Cir.2008) (citations omitted); see Gallick v. Baltimore & O.R. Co., 372 U.S. 108, 119, 83 S.Ct. 659, 9 L.Ed.2d 618 (1963) (“[I]t is the duty of the courts to attempt to harmonize the answers, if it is possible under a fair reading of them: ‘Where there is a view of the case that makes the jury’s answers to special interrogatories consistent, they must be resolved that way.’ ”) (quoting Atlantic & Gulf Stevedores, Inc. v. Ellerman Lines, Ltd., 369 U.S. 355, 364, 82 S.Ct. 780, 7 L.Ed.2d 798 (1962)). In undertaking to read the verdicts consistently, the court must “view the facts in the light most favorable to the verdict.” Davignon, 524 F.3d at 109.

Applying these standards to this appeal, we have little difficulty finding that the jury’s verdicts regarding unlawful arrest and malicious prosecution were not inconsistent. Monaco is correct that lack of probable cause is an element of both an unlawful arrest claim and a malicious prosecution claim. See, e.g., Paff v. Kaltenbach, 204 F.3d 425, 435 (3d Cir.2000) (unlawful arrest); Brunson v. Affinity Federal Credit Union, 199 N.J. 381, 972 A.2d 1112, 1119 (2009) (malicious prosecution). Nevertheless, the jury’s finding that the officers who took custody of Monaco at the Tweeter Center lacked probable cause to arrest does not preclude a finding that Officer Sampson was not liable for malicious prosecution. See Pearson, 471 F.3d at 739 (verdicts finding two of five defendants liable for retaliation were not inconsistent where jury could have believed that two defendants’ actions constituted retaliation while simultaneously finding that other defendants were not involved in retaliatory act). As explained by the District Court, when the facts are viewed in the light most favorable to the verdicts, there are at least two explanations that would render these jury verdicts consistent.

First, the jury could have found that even though the officers who took Monaco into custody at the Tweeter Center lacked probable cause to arrest, Officer Sampson did have probable cause to believe Monaco had been drinking in public at the time Sampson issued the citation. The jury could have credited Sampson’s testimony that he had not been present during Monaco’s arrest and that Sampson first encountered Monaco at the police station. Monaco, Sampson, and Monaco’s then-girlfriend, Nicole Doran-Pangborne, all testified that Monaco told Sampson that he had consumed an alcoholic beverage before the concert. Doran-Pangborne also testified that Monaco had been drinking alcohol at the parking lot.1 Monaco contends that a finding of probable cause could not be based upon his confession because it was coerced.2 But the evidence regarding coercion at trial was disputed: Monaco’s [333]*333allegation versus Sampson’s denial. The jury was entitled to disbelieve Monaco’s allegations of coercion, and credit Sampson’s testimony that Monaco confessed freely in response to Sampson’s questions.

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Bluebook (online)
366 F. App'x 330, Counsel Stack Legal Research, https://law.counselstack.com/opinion/monaco-v-city-of-camden-ca3-2010.