Sanders v. Brewer
Opinion of the Court
Michael Darrell Sanders, an Arkansas inmate, appeals from a final judgment entered in the District Court
In his complaint, Sanders, who is white, asserted that after he hit a black inmate
Sanders further alleged that, while on a work detail guarded by defendants Sergeant Brantley and Major Rhodes, inmate Hardin struck Sanders in the face with a hoe, breaking his jaw. Sanders alleged that the defendant prison officials were deliberately indifferent to his serious need for protection by failing to transfer him or to separate him from others. Sanders sought declaratory and injunctive relief, and compensatory and punitive damages. Sanders also requested a jury trial.
Defendants Walker, Lockhart, and Morgan moved for summary judgment, arguing that their only involvement was their receipt of Sanders’s letters, and that re-spondeat superior was not a basis for relief under section 1983. The magistrate judge
Sanders filed an amended complaint alleging that he told Rhodes he had received additional threats against his life. Despite Sanders’s protest, Rhodes assigned him to the hoe squad with inmate Thompson. Sanders alleged that Thompson attacked Sanders with a hoe and was about to strike a fatal blow to Sanders when a guard shot and killed Thompson.
At the jury trial, Sanders testified in detail about the five hoe-squad incidents that occurred between 1986 and 1991. During cross-examination, the prison officials introduced an audio tape recording of Sanders’s testimony at another inmate’s 1988 trial, which was inconsistent with the testimony he had just given. When Sanders’s attorney objected to having the tape recording played for the jury because he had not yet had an opportunity to listen to it, the magistrate judge called a recess so that the attorney could hear the tape recording. After the recess and out of the presence of the jury, Sanders’s attorney assented to the playing of the tape recording, but requested transcripts because of the poor audio quality. The tape recording was then played for the jurors, each of whom had a transcript. After the tape recording was played, Sanders admitted that he had committed perjury at the 1988 trial.
Three other inmates testified that they heard threats against Sanders’s life. After Sanders’s case-in-chief, the magistrate judge granted a directed verdict in favor of Brantley. The prison officials then presented their case, in which Rhodes, Perry and Brantley testified that they did all they could to prevent the assaults upon Sanders.
The jury returned a verdict for Sanders against Rhodes for $1 in compensatory and $10 in punitive damages, and verdicts for the remaining defendants. Following trial, Sanders moved for attorney’s fees and expenses of approximately $14,000. The prison officials responded that the award should be reduced for partial success because Sanders prevailed against only one of the original eight defendants, he did not obtain injunctive or declaratory relief, and he was awarded only nominal damages. The magistrate judge concluded that the requested fee award should be reduced to $7500 in attorney’s fees and $418.09 in expenses, based on the limited ultimate success at trial. The magistrate judge also granted counsel’s motion to withdraw. This appeal followed.
SUPERVISOR LIABILITY
Sanders first argues that the magistrate judge erred in granting summary judgment in favor of Lockhart, Woodson, and Morgan. He argues that respondeat
Defendants Lockhart, Woodson and Morgan are upper-level supervisors. Even assuming that mere receipt of Sanders’s letters constituted sufficient personal involvement to defeat defendants’ summary judgment motion, we conclude that, because the jury did not find the lower-level and more closely-involved supervisors liable, the jury would not have found these three defendants liable on a theory of direct responsibility to supervise. See Beard v. Lockhart, 716 F.2d 544, 545 (8th Cir. 1983) (per curiam).
IMPEACHMENT
Sanders also argues that the magistrate judge erred in admitting the tape recording of his testimony at the other trial because of the unfair surprise. Sanders failed to preserve his objection to the use of his previous trial testimony. After listening to the tape recording, Sanders’s counsel assented to the playing of the tape recording, and thus waived his objection. Even if the objection had not been waived, the evidence was proper impeachment testimony, counsel was permitted to listen to the tape recording before the jury heard it so that he could prepare any objections, and Sanders was permitted to explain any inconsistencies in the testimonies. Thus, the magistrate judge did not abuse his discretion in allowing the tape recording to be played.
ADEQUACY OF JURY VERDICT
Sanders next argues that the judgment should be reversed because the nominal damages award amounted to a refusal to assess damages. The jury award of only nominal damages on this record is troubling; however, Sanders did not file a motion for new trial. Absent exceptional circumstances, the issue of the adequacy of a jury verdict must first be presented to the trial court in a motion for a new trial in order to preserve the issue for appellate review. Haley v. Wyrick, 740 F.2d 12, 13-14 (8th Cir. 1984). Exceptional circumstances may exist where there is a “plain injustice,” or a “monstrous” or “shocking” result. Taken Alive v. Litzau, 551 F.2d 196, 198-99 (8th Cir. 1977). We have carefully reviewed the record, and we find the verdict neither “shocking” nor a “plain injustice.”
ATTORNEY’S FEES
In his cross-appeal, Rhodes argues the magistrate judge abused his discretion in not further reducing the attorney’s fee award because of the limited success Sanders achieved. We disagree. The magistrate judge properly considered the factors for awarding Sanders attorney’s fees under 42 U.S.C. § 1988. Where a plaintiff has “achieved only limited success, the district court should award only that amount of fees that is reasonable in relation to the results obtained.” Hensley v. Eckerhart, 461 U.S. 424, 440, 103 S.Ct. 1933, 1943, 76 L.Ed.2d 40 (1983). Compensation should not be awarded on a claim-by-claim basis, but rather on specific theories of relief. Hendrickson v. Branstad, 934 F.2d 158, 164 (8th Cir. 1991). Based on the magistrate judge’s finding that Sanders’s several claims contained a common theory, we conclude there was no abuse of discretion in the fee determination.' See id. at 162 (fee determination reversible only if court abused its discretion).
. The Honorable Jerry W. Cavaneau, United States Magistrate Judge for the Eastern District of Arkansas, to whom this case was referred for final disposition by consent of the parties under 28 U.S.C. § 636(c).
. The Honorable John F. Forster, Jr., United States Magistrate Judge for the Eastern District of Arkansas. Magistrate Judge Cavaneau ruled on all subsequent orders.
Reference
- Full Case Name
- Michael Darrell SANDERS v. George BREWER, Classification Administrator Larry Norris, Warden R.D. Perry, Building Major H.D. Rhodes, Field Sergeant, Maximum Security Unit F. Brantley, Field Sergeant, MSU, Appellees Michael Darrell SANDERS v. George BREWER, Classification Administrator Larry Norris, Warden R.D. Perry, Building Major H.D. Rhodes, Field Sergeant, Maximum Security Unit F. Brantley, Field Sergeant, MSU
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