Grant v. Farnsworth
Opinion of the Court
Joseph Grant appeals from an adverse judgment and an order awarding attorney’s fees against him in his 42 U.S.C. § 1983 action. Grant brought this action for alleged violations of his constitutional rights arising from his arrest while protesting at the University of Iowa homecoming parade. The district court
On October 1, 1982, Joseph Grant attended the University of Iowa homecoming parade to protest in front of a float for Rox
On April 7, 1983, Grant was tried in a state court and found guilty by a jury of the misdemeanor of interfering with official acts. Eighteen months later Grant brought this section 1983 action against Farnsworth, the city of Iowa City, and several police officers, alleging violations of his first, fourth and fourteenth amendment rights. He specifically asserted that he was subjected to arrest on less than probable cause while lawfully exercising his right of expression; At the close of the evidence, the district court directed verdicts against Grant on his first and fourth amendment claims. The jury then returned a verdict for the defendants on the fourteenth amendment claim. Following the jury verdict, Farnsworth moved for the allowance of attorney’s fees and costs under 42 U.S.C. § 1988. The district court granted the motion, stating that the case against Farnsworth was “frivolous and groundless.” ?
Grant first contends that evidence concerning his conviction for interference with official acts arising from the parade incident should not have been admitted into evidence, as it had no bearing on the factual or legal issues considered in this action. The district court denied Grant’s motion in limine and allowed this evidence to be introduced. It did not err. Evidence of Grant’s conviction for interference with official acts is relevant to this action because it precludes the relitigation of the facts and issues that were necessary for the state court jury to convict Grant. See Oldham v. Pritchett, 599 F.2d 274, 279 (8th Cir. 1979).
Grant further argues that the district court erred in directing verdicts against him on his first and fourth amendment claims. The district court’s rulings were based on its determination that Grant’s prior conviction collaterally es-topped him from making the constitutional claims, and that no proximate causal relationship existed between any violation of the first and fourth amendment rights and Grant’s alleged injuries. We affirm. Tyler v. Harper, 744 F.2d 653, 655 (8th Cir. 1984), holds that “collateral estoppel can bar relitigation of constitutional claims in a section 1983 action when they were fully and fairly litigated and decided in a prior state criminal proceeding.” Here Grant attempted to retry the validity of his arrest, for a crime of which he was convicted in state court. The state court jury decided beyond a reasonable doubt that he was guilty of the crime charged. This necessarily entails that the officers acted lawfully in removing Grant from the parade site, and that his interests in remaining at the parade and in exercising first amendment rights were terminated upon his arrest. Until Grant took a swing at Officer Knock, there had been no interference with his first amendment rights. After the swing there was no wrongful interference with these rights because he was lawfully arrested. Further, the district court properly determined that because the arrest was proper, any interference with Grant’s first amendment rights was not the proximate cause of his alleged injuries.
Next, Grant argues that the district court erred in excluding the testimony of
Grant also argues that the district court erred in its instructions to the jury by failing to instruct the jury on his first and fourth amendment claims and by restricting the claim of excessive force to a fourteenth amendment claim, which requires a “shock the conscience” standard. We need not address the validity of the instructions pertaining to the “shock the conscience” standard (Instructions 12-14), because Grant’s attorney failed to make objections to the instructions during trial in a timely and specific manner. See Fed.R.Civ.Proc. 51; see also Missouri Pac. R.R. Co. v. Star City Gravel Co., 592 F.2d 455, 459 (8th Cir. 1979). There was no objection to Instruction 12 or 13 and only a minor change was requested in the language of Instruction 14. Thus, Grant cannot now object to these instructions on appeal.
Because the district court directed verdicts on Grant’s first and fourteenth amendment claims, there was no issue to submit to the jury on these claims. Thus, the instructions pertaining to such claims were properly refused. Further, this refusal did not prejudice Grant’s remaining fourteenth amendment claim.
Finally, Grant asserts that the district court improperly awarded attorney fees and costs to Farnsworth. By post-trial order, the district court ruled that Grant’s case against Farnsworth was frivolous and groundless, and that Farnsworth was therefore entitled to the attorney fees and costs expended for his defense. See 42 U.S.C. § 1988.
Grant argues that his claim against defendant Farnsworth was not frivolous because it survived Farnsworth’s motions for a directed verdict and for a summary judgment. In denying the motion for summary judgment, the district court made clear that Grant’s claim that Farnsworth acted with excessive force created a material issue for trial. In denying the motion for a directed verdict, the district court stated that although there was no evidence connecting Farnsworth with the parade incident, it would follow the procedure recommended by this court by submitting the issue to the jury and addressing arguments of sufficiency of the evidence in post trial motions. We have often expressed the view that the district court should follow this precaution rather than direct a verdict, which could necessitate retrial were there reversal on appeal. See Hladyshewski v.
Accordingly, we affirm the district court’s decision.
. The Honorable William C. Stuart, Senior United States District Judge for the Southern District of Iowa.
. 42 U.S.C. § 1988 provides: “In any action or proceeding to enforce a provision of sections ... [42 U.S.C. §§ 1981-83, 1985, 1986] ... the court, in its discretion, may allow the prevailing party ... a reasonable attorney’s fee as part of the costs.”
Reference
- Full Case Name
- Joseph W. GRANT v. Robert FARNSWORTH Gerald Knock Officer Singleton The City of Iowa City and Three or Four Unknown Named Police Officers Believed to be Members of the Iowa City Police Department
- Cited By
- 19 cases
- Status
- Published