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Guard's Liability Unaffected by NY Prisoner's Guilty Plea in Excessive Force Claim; $38,000 in Damages Awarded, Plus Fees
A New York Federal District court has held that a prisoner's guilty plea to attempted assault does not preclude a guard's liability for use of excessive force. This holding came on the guard's motion for judgment as a matter of law or for new trial. After denying that motion, the court awarded the prisoner's attorney $13,132.47 in attorney fees and costs.
This civil rights action was filed by New York prisoner George McCrory, alleging guard Roberto Ruiz used excessive force against him. A jury entered a verdict in McCrory's favor, awarding him $13,000 in compensatory damages and $25,000 in punitive damages. Ruiz moved for judgment as a matter of law or for a new trial on the basis McCrory had entered a guilty plea to a charge of attempted assault in connection with the incident, which precluded a finding of liability.
The court found that argument meritless, while McCrory did enter such a plea, there was nothing before the court but the fact of the plea itself. The court said the plea is not inconsistent with two scenarios that could have violated McCrory's Eighth Amendment rights. First, McCrory could have been guilty of attempted assault even if Ruiz punched him first for example, if Ruiz was subdued after striking McCrory, and McCrory then attempted to punch Ruiz in which case Ruiz could be civilly liable and McCrory could still be criminally responsible for an attempted assault. Similarly, McCrory could have been guilty of a criminal attempt by initiating an encounter with Ruiz, and Ruiz could be liable for excessive force if he punched McCrory after he was subdued.
The court said these matters were presented to and determined by the jury, who were free to evaluate the conflicting testimony and evidence. Their verdict is unassailable, the court held.
The court further held there is no basis for Ruiz's assertion of immunity. Additionally, the court held the jury's award of punitive damages was in the jury's discretion because there was evidence of a longstanding animus by Ruiz directed at McCrory.
Finally, the court found that under 42 U.S.C. § 1988 McCrory's counsel, Andrew F. Plasse, was entitled to an award for fees of $12,973.50 and a cost award of $158.97. See: McCrory v. Belden, Not Reported in F.Supp.2d, 2004 WL 574638 (S.D.N.Y. 2004)
This civil rights action was filed by New York prisoner George McCrory, alleging guard Roberto Ruiz used excessive force against him. A jury entered a verdict in McCrory's favor, awarding him $13,000 in compensatory damages and $25,000 in punitive damages. Ruiz moved for judgment as a matter of law or for a new trial on the basis McCrory had entered a guilty plea to a charge of attempted assault in connection with the incident, which precluded a finding of liability.
The court found that argument meritless, while McCrory did enter such a plea, there was nothing before the court but the fact of the plea itself. The court said the plea is not inconsistent with two scenarios that could have violated McCrory's Eighth Amendment rights. First, McCrory could have been guilty of attempted assault even if Ruiz punched him first for example, if Ruiz was subdued after striking McCrory, and McCrory then attempted to punch Ruiz in which case Ruiz could be civilly liable and McCrory could still be criminally responsible for an attempted assault. Similarly, McCrory could have been guilty of a criminal attempt by initiating an encounter with Ruiz, and Ruiz could be liable for excessive force if he punched McCrory after he was subdued.
The court said these matters were presented to and determined by the jury, who were free to evaluate the conflicting testimony and evidence. Their verdict is unassailable, the court held.
The court further held there is no basis for Ruiz's assertion of immunity. Additionally, the court held the jury's award of punitive damages was in the jury's discretion because there was evidence of a longstanding animus by Ruiz directed at McCrory.
Finally, the court found that under 42 U.S.C. § 1988 McCrory's counsel, Andrew F. Plasse, was entitled to an award for fees of $12,973.50 and a cost award of $158.97. See: McCrory v. Belden, Not Reported in F.Supp.2d, 2004 WL 574638 (S.D.N.Y. 2004)
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