Young v. Indiana Department of Natural Resources

789 N.E.2d 550, 2003 Ind. App. LEXIS 925, 2003 WL 21310358
CourtIndiana Court of Appeals
DecidedJune 9, 2003
Docket20A03-0205-CV-161
StatusPublished
Cited by12 cases

This text of 789 N.E.2d 550 (Young v. Indiana Department of Natural Resources) is published on Counsel Stack Legal Research, covering Indiana Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Young v. Indiana Department of Natural Resources, 789 N.E.2d 550, 2003 Ind. App. LEXIS 925, 2003 WL 21310358 (Ind. Ct. App. 2003).

Opinion

OPINION

ROBB, Judge.

Following his termination from the Indiana Department of Natural Resources (the "DNR"), Glen Michael Young filed a suit against the DNR and several of its officers (the "officers") in their individual and official capacities for violations of his federal and state constitutional rights. 1 During the jury trial, at the end of Young's case, the DNR and the officers moved for a directed verdict, which the trial court took under advisement. The jury found that the DNR and the officers had violated Young's state and federal constitutional rights, but assigned a $115,000.00 award only to the DNR and only relating to Young's state constitutional claim. Following the jury verdict, the trial court denied the DNR's and the officers' Motion for Directed Verdict. The parties each filed post-trial motions, which were denied by the trial court. Both parties now appeal. We affirm in part and reverse in part.

Issues

Young raises four issues for our review, which we consolidate and restate as whether the trial court erred in declining to correct legally inconsistent jury verdicts.

The DNR and the officers raise two issues on cross-appeal for our review, of which we find the following dispositive: whether the trial court erred in denying the DNR and the officers' Motion for Directed Verdict.

Additionally, Young raises one issue for our review which we restate as whether the trial court erred in declining to award Young his attorney's fees and costs as a prevailing party of a Section 1983 claim.

Facts and Procedural History

Young became a conservation officer for the DNR in October 1979. From 1979 through 1990, Young and the other officers of the DNR relied upon the Elkhart County Communications Center (the "Communications Center") for dispatching and emergency communications. In October 1990, the Communications Center made the decision to cease dispatching for the DNR. After the Communications Center made that decision, Young began communicating with the DNR's chain of command about his concerns regarding the lack of communications posed to his safety, the safety of his fellow officers, and the safety of the public. Young continued to write letters to the chain of command for almost seven years in an attempt to address the problems with communications.

After receiving no response from the chain of command, Young began contacting his state representatives. Beginning April 13, 1996, Young contacted Marvin Reigsecker, Sr., state senator for Elkhart *553 county, and the following state representatives: Phil Warner, Dick Mangus, and Dean Mock. Young's communications with all of these representatives regarded the safety of the DNR officers without dispatch from the Communications Center.

Approximately one month after Young began contacting the representatives, Young became the subject of an internal investigation. As a result of the investigation, the officers terminated Young's employment. 2

Following his termination, Young filed a complaint against the DNR and several DNR employees and officers in their individual and official capacities. The basis of Young's complaint was that he was terminated in retaliation for exercising his constitutional right to petition the government for redress of grievances and freedom of speech. It was Young's position that the officers became upset and terminated his employment when he went outside the chain of command by speaking with his state representatives. During the jury trial, at the close of Young's case, the DNR and the officers filed a Motion for Directed Verdict. They argued that Young failed to exhaust administrative remedies and that Young's complaints to his state representatives concerned his own safety and did not raise issues of public concern. The trial court took the motion under advisement and ultimately denied the motion following the jury verdiet.

Following a six-day jury trial, the jury returned a verdict finding against the officers for violating Young's right to petition the government for redress of grievances under the United States Constitution and actionable under 42 U.S.C0.1983, but awarded no damages for this claim. Additionally, the jury returned a verdict finding against the DNR and the officers for violating Young's federal constitutional right to petition the government for redress of grievances, but again awarded no damages for this claim. Finally, the jury returned a verdict against the DNR and the officers for violating Young's state constitutional right to petition the government for redress of grievances and awarded damages of $115,000.00 against only the DNR.

Following the entry of judgment, Young filed a Motion to Correct Errors and a Motion for Clarification of Judgment and Injunctive Relief. In these motions, Young sought to attribute damages against the DNR and the officers for each claim on which they were found liable. Young also filed a Motion for Reinstatement and In-junctive Relief, seeking reinstatement to his previous position and an injunction against the officers to prevent future violations of his constitutional rights. Finally, Young filed a Petition for Award of Costs and Petition for Award of Attorneys' Fees. The DNR also filed a Motion to Correct Errors, arguing that there is no cause of action for damages against the DNR under the Indiana Constitution.

The trial court denied all post-trial motions. The trial court denied the DNR's and the officers' Motion to Correct Errors, finding that Indiana law allows a party to bring a cause of action for damages directly under the Indiana Constitution. The trial court also found that, even if such a claim did not exist, the defendants waived the argument by failing to object to the jury instructions.

The court also denied Young's motions, declining to attribute damages to the DNR and the officers on each claim for which they were found liable, declining to order the DNR to reinstate Young or issue an *554 injunction, and declining to award attorneys' fees or costs. This appeal ensued.

Discussion and Decision

I. Motions to Correct Errors

A trial court has considerable discretion to grant or deny motions to correct error. Dughaish ex rel. Dughaish v. Cobb, 729 N.E.2d 159, 167 (Ind.Ct.App.2000), trans. denied. We will reverse only if the trial court has abused its discretion. Id. However, as here, when the motion involves a question of law, we review de novo and owe no deference to a trial court's legal conclusions. State v. Rans, 739 N.E.2d 164, 165 (Ind.Ct.App.2000), trans. denied.

A. Legally Impossible Verdicts

Although the jury found the DNR and the officers liable for violating Young's state and federal right to petition the government for redress of grievances, the jury awarded damages only against the DNR and only on the state claim.

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Bluebook (online)
789 N.E.2d 550, 2003 Ind. App. LEXIS 925, 2003 WL 21310358, Counsel Stack Legal Research, https://law.counselstack.com/opinion/young-v-indiana-department-of-natural-resources-indctapp-2003.