Robinson v. Cattaraugus County

147 F.3d 153, 1998 WL 300132
CourtCourt of Appeals for the Second Circuit
DecidedJune 10, 1998
DocketDocket No. 97-7354
StatusPublished
Cited by23 cases

This text of 147 F.3d 153 (Robinson v. Cattaraugus County) is published on Counsel Stack Legal Research, covering Court of Appeals for the Second Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Robinson v. Cattaraugus County, 147 F.3d 153, 1998 WL 300132 (2d Cir. 1998).

Opinion

KEARSE, Circuit Judge:

Plaintiffs Stanley Robinson and the Estate of Bobby Shine (Shine and his estate referred to interchangeably as a “plaintiff’) appeal from so much of a final judgment, entered in the United States District Court for the Western District of New York following a jury trial before John T. Curtin, Judge, as denied their motion for a new trial as to (a) damages for the violation of their Fourth Amendment rights by defendants Robert Edenhofer and Sergeant Nichols, and (b) Shine’s claim against those defendants for malicious prosecution. The jury found that Edenhofer and Nichols had violated the Fourth Amendment rights of both plaintiffs; as compensatory damages for those violations, it awarded a total of $30,000 to the estate of Shine but no damages to Robinson; the district court awarded Robinson nominal damages totaling $2. The jury awarded no punitive damages, and it found that Shine had not proven his claim of malicious prosecution. On appeal, plaintiffs contend that they are entitled to a new trial on damages and on Shine’s claim for malicious prosecution, arguing principally (1) that the jury’s denials (a) of any compensatory damages to Robinson, (b) of more than $30,000 in compensatory damages to Shine, and (c) of punitive damages to either plaintiff, were against the weight of the evidence; and (2) that the trial court gave erroneous instructions on damages and on malicious prosecution. Finding no basis for reversal, we affirm.

I. BACKGROUND

The present action centers principally on events that occurred in 1988-1989 in the village of Wellsville, a town of about 3,000 in Allegany County in western New York State. The evidence presented at trial included the following.

A. The Undercover Operation and the Pressures on Plaintiffs

Sometime in 1988, the Wellsville police department believed there was narcotics trafficking in the village. Because Wellsville was small, and most of the residents knew each other, the village police department enlisted the aid of the nearby Cattaraugus County sheriffs department to carry on an undercover investigation. Edenhofer and Nichols (collectively the “officers”) were members of the Cattaraugus County sheriffs department who were selected to work in Wellsville undercover. The officers proceeded to visit Wellsville several times a month, frequenting a pub called PJ’s and apparently consuming large quantities of alcohol, attempting to find persons who would sell them drags.

In 1988, Wellsville had three black residents, including Robinson and Shine. Robinson was introduced to Edenhofer and Nichols at PJ’s in October or November of 1988. Edenhofer said he and Nichols wanted to buy cocaine, and he asked whether Robinson had any or knew where they could get some. Robinson, who was a sometime-user of cocaine, responded that he had none and did not know a source. Edenhofer bought Robinson several beers and persisted in asking him about cocaine. Finally, Robinson spoke to a woman in the bar who undertook to find a supplier; she eventually arranged to have the buyers meet her át her home. Edenhofer persuaded Robinson to go with them and to enter the woman’s house to get the cocaine, pay for it with money supplied by Edenhofer, and promptly hand it over to [157]*157Edenhofer who remained outside. Robinson did not obtain any cocaine for himself on that occasion and had no financial stake in the transaction.

For the rest of the fall, Edenhofer and Nichols asked Robinson for drugs every time they saw him, until, in December, Robinson became exasperated:

Edenhofer and Nichols came into the bar, and Edenhofer comes up to me and says, Stan, can you get me some cocaine, you got any cocaine you can sell to me. I told him, no, I didn’t have any cocaine, I didn’t know where any was at. He says, ah, c’mon, Stan, c’mon man, I want to score, I’ll make it worth your while, you know. And I— this man is asking me every time from the time — from the first time to up to December every Thursday or Friday night. I would see him in the bar and he would ask me the same thing. I would tell him, no, no. And I was just tired of him just coming up and harassing me about drugs like just because I’m black I’m supposed to know where drugs are at or I was selling drugs, which I wasn’t. And I decided that, you know, I was going to beat him.

(Trial Transcript (“Tr.”) 91.) Robinson proceeded to go home, fill a plastic baggie with sugar, and sell it to Edenhofer for $200.

The next time Robinson saw Edenhofer was in the wee hours of January 21, 1989. Edenhofer and Nichols had spent the evening of January 20 at PJ’s, drinking with a number of village residents including one Jeffrey Lee Voorhees. Late in the evening, Edenhofer asked Voorhees where Robinson lived. According to Voorhees, after he gave Edenhofer that information, Edenhofer “said that Stan [Robinson] had ripped them off and they were going to teach that nigger a lesson.” (Tr. 187.) Edenhofer “patted his side and said that he had something that would teach that nigger a lesson.” (Id,) Edenhofer and Nichols left the bar. Voorhees, who did not then know that they were police officers (they had represented themselves to Voo-rhees as car thieves), wanted to warn Robinson, but Robinson did not have a telephone. Voorhees therefore drove to Robinson’s house; he arrived just in time to see the officers enter the house, one of them brandishing a gun, and heard a great deal of “commotion” emanating from inside the house thereafter.

Inside the house were Robinson and Shine, who were awaiting the arrival of friends with whom they were to go to a party. Once the officers were inside the house, they held Robinson and Shine at gunpoint, searched the house, searched both occupants thoroughly, and took $75 and two bags of cocaine from the pocket of Shine. Edenhofer and Nichols repeatedly stated that they had been ripped off, demanded more money or cocaine, and threatened to “blow away” various of Robinson’s and Shine’s body parts. Eden-hofer and Nichols eventually left, but only after the friends whom Robinson and Shine had been expecting arrived and, though initially sent away, returned minutes later. At no time during these events did Edenhofer and Nichols produce search warrants or identify themselves as law enforcement officers.

B. The Criminal Charges Against Robinson and Shine

In June 1989, Robinson and Shine were arrested on charges of possession and sale of narcotics, based on the events of the prior fall and winter. The charges against Robinson were based on the fall 1988 occasion on which he entered the home of the woman from the bar and exchanged the money provided to him by Edenhofer for the cocaine that he promptly turned over to Edenhofer. Robinson pleaded guilty to the possession count.. At trial in the present action, he explained,

I felt that I didn’t have any other choice but to plead guilty because I did have the cocaine in my possession for about five minutes, and I didn’t have any knowledge of anything else to do, you know, because I did have it in my possession, although I didn’t sell it.

(Tr. 90.) As a result of his plea of guilty, Robinson served two years in prison.

The sale and possession charges against Shine were based on the cocaine the officers took from him in the early morning hours of January 21, 1989. Shine, who when arrested [158]

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Krist v. Kolombos Rest. Inc.
688 F.3d 89 (Second Circuit, 2012)
Thayer v. Eastern Maine Medical Center
740 F. Supp. 2d 191 (D. Maine, 2010)
Mastroianni v. Reilly
602 F. Supp. 2d 425 (E.D. New York, 2009)
Rivera-Oquendo v. Soto-Santiago
552 F. Supp. 2d 229 (D. Puerto Rico, 2008)
Kerman v. The City Of New York
374 F.3d 93 (First Circuit, 2004)
Jocks v. Taverner
316 F.3d 128 (Second Circuit, 2003)
Walker v. Bain
257 F.3d 660 (Sixth Circuit, 2001)
De Falco v. Bernas
244 F.3d 286 (Second Circuit, 2001)
Ian Dawes v. Hans Walker
239 F.3d 489 (Second Circuit, 2001)
Densberger v. United Technologies Corp.
125 F. Supp. 2d 585 (D. Connecticut, 2000)
Ricky Baker v. David Alan Dorfman
239 F.3d 415 (Second Circuit, 2000)
James v. Tilghman
194 F.R.D. 408 (D. Connecticut, 1999)
Brown v. Stone
66 F. Supp. 2d 412 (E.D. New York, 1999)
Beckford v. Irvin
49 F. Supp. 2d 170 (W.D. New York, 1999)
Ford v. Nassau County Executive
41 F. Supp. 2d 392 (E.D. New York, 1999)

Cite This Page — Counsel Stack

Bluebook (online)
147 F.3d 153, 1998 WL 300132, Counsel Stack Legal Research, https://law.counselstack.com/opinion/robinson-v-cattaraugus-county-ca2-1998.