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No. 96-1823
Plaintiff - Appellee,
v.
DEBORAH HUARD,
Defendant - Appellant.
____________________
No. 96-1824
Plaintiff - Appellant,
v.
DEBORAH HUARD,
Defendant - Appellee.
____________________
____________________
Before
_____________________
with
and
____________________
-2-
Appellee-Cross-Appellant
who was a
Ernest
pretrial detainee
Jail") during
all
Section
suit for
1983
times
declaratory
relief
physician's
assistant
P. O'Connor,
at the Kennebec
relevant to
compensatory
against
at
Jr. ("O'Connor"),
the
Alfred
Jail,
the
and
County Jail
case,
brought
punitive damages
Cichon
and
("the
("Cichon"),
Catherine
this
and
Mesaric
Corrections
Sergeants at
him of
the
O'Connor contended
medical attention,
punishment,
Jail.
and that
which amounted
he was
and unusual
violation of
Cichon deprived
to cruel
punished in
that,
his due
On January
20,
Prior to
The
1996.
directed
At
the
close of
verdict.
advisement.
At
The
O'Connor's
case,
district court
the close
of all
district court
Huard moved
took
the motion
evidence, Huard
denied.
The
for
under
renewed her
jury returned
violated his
Fourteenth
dollar
jury
Amendment due
process rights,
in compensatory damages.
on punitive
declined
to
damages, which
award.
Huard
and awarding
him one
The court
the jury,
after deliberating,
filed
motion
for
judgment
trial, which
-3-
denied.
Huard
court's
jury
instructions,
the
denial
of
her
motion
for
judgment
O'Connor.
fees to
We affirm.
BACKGROUND
BACKGROUND
Corrections
to that
out
Ferragamo v.
_________
all times
Chubb
_____
Huard was a
relevant to
fill
See
___
Sergeant at
this case.
verdict.
needed his
Medical
medication."
Request form,
and
She
when
instructed him
he
did
to
so, she
forwarded
request,
Cichon,
O'Connor met
for a
with
Medical Department.
the
medical evaluation.
Xanax or Valium to
treat anxiety.
Pursuant to his
Jail's physician's
assistant,
O'Connor asked
Cichon for
Cichon diagnosed
O'Connor as
On October
detention at the
months.
30, 1993,
Jail, where he
in pretrial
six
suffer from an
anxiety
-4-
Huard
and
O'Connor,
confrontations.
O'Connor's
orientation.
eventually
O'Connor
disdain
for
an animosity developed
called
what
leading
Huard names
he believed
was
daily
that
verbal
evidenced
Huard's
sexual
life, a dirtbag, a
about
to
his failure
inability
to
between
to cope
get the
without it.
Huard
taunted O'Connor
medication
he desired
O'Connor
would react
and
his
to these
taunts by kicking
hurling verbal
O'Connor
abuse at
would
be
Huard.
removed
administrative lockdown.
lockdowns,
the
other
As
from
a result of
his
cell
these actions,
and
placed
in
inmates
on
the
cell
block
would
be
from
DISCUSSION
DISCUSSION
I.
I.
Jury instructions
Jury instructions
to prove in order
to the
required
Amendment claim.
jury.
or mislead the
See United States v. Fulmer, 108 F.3d 1486, 1494 (1st Cir.
___ _____________
______
1997).
-5-
Plaintiff
rights
claims
were
that his
violated
then disciplined
outbursts.
constitutional
when
into rage
him for
Specifically,
defendant
attacks
his resulting
his allegation
is
of
14th
Amendments
to the
United
States
Constitution.
At the
time of
his
incarceration at
the
In other
convicted of
pending
crime, but
trial.
plaintiff
words, he had
was
Under such
could only
be
so long
being
held
circumstances,
subjected
not been
as those
to
the
the detention
conditions and
detention
amount to
obviously
has
person
conditions during
however.
exercised
pending
impose conditions
punishment in
Once the
its authority
trial,
it
to
may
or restrictions
legitimate goals
of
maintaining
ensuring
the
institutional
security
detained person's
and
presence at
trial.
you to decide
defendant imposed
conditions or restrictions
is whether
were reasonably
those legitimate
goals
related
or whether
they
Absent a showing of
defendant's
part
an expressed intent on
to punish
are
or
a
plaintiff, that
turn on whether
restrictions could
legitimate purpose
excessive
in
and
relation
the
have been
whether
to
that
legitimate purpose.
If
were
without purpose,
you may
of the conditions
or
unconstitutional.
-6-
These
instructions accurately
reflect the
law as
it
of
a crime
trial.
an
prior to trial
See Bell v.
___ ____
adjudication of
punish a
in order
to ensure
his presence at
guilt, however,
pretrial detainee
Prior to
a state government
may not
Fourteenth
may, however,
upon a
The government
and conditions
that maintain
facility, see
___
id. at 536.
___
decide
When confronted
whether the
it is but
restriction
particular
of
pretrial
detention
with a charge
disability is
if
in the
of punishment or whether
Thus,
detainee alleging
"court must
purpose
id. at 535.
___
at 537, and
pretrial
See
___
process, the
imposed for
to
"punishment."
Id. at 538.
___
condition
or
detention
is
restriction
related
to a
or
more, amount
Conversely,
condition is
legitimate
if
not reasonably
goal --
the
an incident of some
by a
if it
is
arbitrary
or
purposeless
--
court
action
is punishment
constitutionally
be
that may
inflicted
upon
Id. at 538-39.
___
the
detention
The
facility
administrative measures
and,
toward
that may be
that
end,
discomforting or
in managing
may
employ
are of
-7-
while
awaiting trial.
evidence"
that
an
See
___
id. at
___
administrative
540.
Barring "substantial
measure
is
an
exaggerated
Huard's
different issue.
claim
of
error
addresses
conceptually
denial
of
misconceives
allegation
appropriate
the
as it
claim
related
medical
at
care.
issue in
to Huard
Huard's
contention
case.
O'Connor's
this
was that
she intentionally
provoked
or
incited him
taunting
him.
into
O'Connor
"rage
attacks" by
claimed that
Huard
relentlessly
engaged
in such
"administrative
lock
down."
Given
nature of
O'Connor's
request to
the
charge.
We
case
or in
emphasize that
this opinion
nothing in
is meant
the resolution
to suggest that
security.
a detention
and
of this
O'Connor's challenge
maintain order
the Kennebec
following
violation
of
its
administrative
regulations was
-8-
and her
this
end.
reasonably
Thus,
the
discipline
ability
detainees
of
who
found
that
Huard's
acts
were
detention
violate
facility
rules
is
to
not
tantamount
to
arbitrary
and
unreasonable punishment.
II.
II.
Qualified immunity
Qualified immunity
of O'Connor's case
of all the
evidence, Huard
on the merits of
notwithstanding
judgment as
O'Connor's claim.
the
verdict, she
a matter of law
the defense
again
judgment
argued entitlement
to
of qualified immunity
as a
ground
after the
Civ.
P. 50(b).
party may
not raise
a ground
Fed. R.
for judgment
See Systemized
___ __________
1984) ("A
-9-
ground
that
verdict.").
was not
"The last
argued
in its
(1st Cir.
for
a directed
949, 953
motion
1991) (applying
Lewis
_____
Having
immunity
error.
failed
to
properly
preserve
only upon a
her
finding of plain
never brought
forward any
qualified
Id.
___
Huard
her actions
were
objectively
established
reasonable
record to support a
we affirm
in
the
light
of
O'Connor's
no evidence in the
district court's
clearly
denial
district
Accordingly,
of Huard's
motion
for
III.
III.
Attorney's fees
Attorney's fees
On
order
1988.
November 13,
1996, the
district court
The
court essentially
reasoned that,
entered an
to 42 U.S.C.
although O'Connor
received only nominal damages of one dollar, the jury had granted
the
of O'Connor's claim
by barring Huard's
-10-
Huard argues
under
to attorney's fees.
She
contends that
nominal damages
compensable
damages.
Having
failed
Although
attorney's
fees
the
to
rule
that a
damages
obtain
actual,
compensatory
We cannot agree.
Farrar
______
Court
civil
rights
reversed
plaintiff
prevailing plaintiff
is not entitled
to
to prove
to fees.
who is
To
the
grant
because
of
the
to the outcome
awarded
only nominal
1988
("In any
section[] . .
action or
proceeding to
. 1983, . .
. the court,
part of
the
amount of the
Hensley
_______
fee award.'"
discretion they
of an award of fees
the
extent of
Farrar, 506
______
may
attorney's fee as
in exercising their
"'relationship between
provision of
in its discretion,
party . . . a reasonable
of
enforce a
success
in light
and the
"Farrar
______
a district
establishes that
-11-
court should
give primary
consideration to
whether
to award
attorney's
fees," and
when it decides
affirming
a grant
of
Cir. 1996).
Here, the
factors
warranting
the grant
of attorney's
several important
fees.
First, the
incentive to attorneys to
who seek
not result in
Second -- and
fact
remedy O'Connor
sought in this
case was
relief
Third,
the
court
litigation, which
pretrial
requested
underscored
deterrent
detainees."
amount
the
Fourth,
for
fees
the
impact
abuses of the
court
hours related
deducted
solely
to
of
this
rights of
from
the
the
two
of that reasonably
required of a
inapplicable areas
of law,
detailed.
Based
considerations,
we
on
find
the
appropriateness
that
the district
-12-
IV.
IV.
of
researching
explained or
all
court's
of
these
grant
of
On
cross-appeal, O'Connor
the jury's
appears to
failure to award
argue, for
the
him punitive
and
The short
answer
to O'Connor's
contention
is that
the
issue
should have been raised before the district court in a motion for
We
generally
damages award
failed to
Carlton v.
_______
will not
review
is excessive or
party's
contention that
to rule on the
the
party has
matter.
See
___
H.C. Price Co., 640 F.2d 573, 577 (5th Cir. 1981) (no
______________
available
exercise
where trial
court was
its discretion on
not given
the
opportunity to
F.2d 803, 811 (1st Cir. 1988); Braunstein v. Massachusetts Bank &
__________
____________________
Trust Co., 443 F.2d 1281, 1285 (1st Cir. 1971) (denying review of
_________
More importantly,
not
unreasonable in
punitive
damages.
however, we
failing to
O'Connor
put
award O'Connor
forward
jury was
compensatory or
evidence of
damages
of
damages.
of damages, and
instructions on
-13-
appeal, the jury could reasonably have believed that O'Connor did
harm.
Additionally,
O'Connor appears
to argue
that Huard's
or
Our
'point
so strongly
[plaintiff] that
punitive damages.
and overwhelmingly
a reasonably
[its] conclusion.'"
Accordingly,
determination that
could not
of the
movant
have arrived
at
1985)).
jury
in favor
we
756
will
F.2d 930,
not
disturb
934
See id.
___ ___
CONCLUSION
CONCLUSION
(1st
the
Cir.
jury's
warranted in light
-14-