×
You have 2 more free articles available this month. Subscribe today.
Mississippi Beating Suit Nets $348,960 — Upheld on Appeal
Mississippi Beating Suit Nets $348,960 -- Upheld on Appeal
The Fifth Circuit Court of Appeals has upheld a Mississippi district court's award of damages after a bench trial. The civil rights action was brought by Mississippi prisoner Stephen Michael Combs against Norris W. Kennedy, an employee at Combs' prison. Following the trial, Kennedy appealed the judgment.
On appeal, the Fifth Circuit found "no reversible error as to the factual findings and liability holding against Norris Kennedy for his conduct in this incident." That conduct was not disclosed in the Court's opinion, but it did state that Combs suffered disfigurement, pain and suffering, and emotional damage.
The Fifth Circuit also found the district court's award was not duplicative. That award consisted of "(1) $25,000 for past and present personal injuries; (2) $30,000 for past and present pain and suffering; (3) $55,000 for past and present emotional damages; and (4) $165,000 for permanent injury and future suffering, and emotional damage." As such, the Fifth Circuit affirmed the judgment. See: Combs v. Holman, 134 F.Appx. 669 (5th Cir. 2005) (unpublished).
After mandate issued, the parties agreed to the Court entering an order allowing Combs to recover his $275,000 judgment. That October 27, 2005, order also awarded Combs $60,942.50 in attorney fees and costs of $13,018.30 for an additional total of $73,960.80. The Court's order requires the Mississippi Attorney General to recommend the Mississippi Legislature pay the total judgment of $358,960.80 by July 31, 2006 with interest of .0128% from the date of judgment. See: Combs v. Holman, USDC SD MS, Case No. 3:00-cv-36-L-N.
The Fifth Circuit Court of Appeals has upheld a Mississippi district court's award of damages after a bench trial. The civil rights action was brought by Mississippi prisoner Stephen Michael Combs against Norris W. Kennedy, an employee at Combs' prison. Following the trial, Kennedy appealed the judgment.
On appeal, the Fifth Circuit found "no reversible error as to the factual findings and liability holding against Norris Kennedy for his conduct in this incident." That conduct was not disclosed in the Court's opinion, but it did state that Combs suffered disfigurement, pain and suffering, and emotional damage.
The Fifth Circuit also found the district court's award was not duplicative. That award consisted of "(1) $25,000 for past and present personal injuries; (2) $30,000 for past and present pain and suffering; (3) $55,000 for past and present emotional damages; and (4) $165,000 for permanent injury and future suffering, and emotional damage." As such, the Fifth Circuit affirmed the judgment. See: Combs v. Holman, 134 F.Appx. 669 (5th Cir. 2005) (unpublished).
After mandate issued, the parties agreed to the Court entering an order allowing Combs to recover his $275,000 judgment. That October 27, 2005, order also awarded Combs $60,942.50 in attorney fees and costs of $13,018.30 for an additional total of $73,960.80. The Court's order requires the Mississippi Attorney General to recommend the Mississippi Legislature pay the total judgment of $358,960.80 by July 31, 2006 with interest of .0128% from the date of judgment. See: Combs v. Holman, USDC SD MS, Case No. 3:00-cv-36-L-N.
As a digital subscriber to Prison Legal News, you can access full text and downloads for this and other premium content.
Already a subscriber? Login
Related legal case
Combs v. Holman
| Year | 2005 |
|---|---|
| Cite | 134 F.Appx. 669 (5th Cir. 2005) |
| Level | Court of Appeals |
| Conclusion | Bench Verdict |
| Damages | 348,960.00 |
| Injunction Status | N/A |
STEPHEN MICHAEL COMBS, Plaintiff-Appellee, versus JAMES HOLMAN, ETC.; ET AL., Defendants, NORRIS W. KENNEDY, Officially and Individually, Defendant-Appellant.
No. 04-60067
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT
134 Fed. Appx. 669
June 1, 2005, Filed
NOTICE: [**1] RULES OF THE FIFTH CIRCUIT COURT OF APPEALS MAY LIMIT CITATION TO UNPUBLISHED OPINIONS. PLEASE REFER TO THE RULES OF THE UNITED STATES COURT OF APPEALS FOR THIS CIRCUIT.
PRIOR HISTORY: Appeal from the United States District Court for the Southern District of Mississippi. 3:00-CV-36-L-N.
COUNSEL: For STEPHEN MICHAEL COMBS, Plaintiff - Appellee: David Ratcliff, Ratcliff & Ratcliff, Laurel, MS; David Randall Wade, Flowood, MS.
For NORRIS KENNEDY, Officially and Individually, Defendant - Appellant: John Lewis Clay, Office of the Attorney General for the state of Mississippi, Jackson, MS; Leonard Charlton Vincent, Mississippi Department of Corrections, Staf Attorney's Office, Parchman, MS.
JUDGES: Before JONES, WIENER, and CLEMENT, Circuit Judges.
OPINION
[*670] PER CURIAM:*
FOOTNOTES
* Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4.
On this appeal following a bench trial, we review the district court's [**2] findings of fact, including whether an officer has acted with deliberate indifference, under a clearly erroneous standard. Gates v. Cook, 376 F.3d 323, 333 (5th Cir. 2004). The district court's findings of fact will not be disturbed unless, after reviewing the entire record, this court is "left with the definite and firm conviction that a mistake has been committed." Rodriguez v. Bexar County, Texas, 385 F.3d 853, 860 (5th Cir. 2004) (quoting Anderson v. City of Bessemer City, 470 U.S. 564, 573, 84 L. Ed. 2d 518, 105 S. Ct. 1504 (1985)). Once the facts are established, the question whether the facts found by the district court constitute a constitutional violation is reviewed de novo. Gates, 376 F.3d at 333. After reviewing the full record, the district court opinion and briefs, and hearing oral argument, we find no reversible error as to the factual findings and liability holding against Norris Kennedy for his conduct in this incident.
Kennedy also challenges the district court's damages award as duplicative. As damages constitute factual findings, we review the damages award for clear error. Lebron v. United States, 279 F.3d 321, 325 (5th Cir. 2002). [**3] Damages awarded under 42 U.S.C. § 1983 are governed by common law tort principles. Sockwell v. Phelps, 20 F.3d 187, 192 (5th Cir. 1994). Here, the district court gave four specific awards: "(1) $ 25,000 for past and present personal injuries; (2) $ 30,000 for past and present pain and suffering; (3) $ 55,000 for past and present emotional damages; and (4) $ 165,000 for permanent injury and future pain, suffering and emotional damage." Dist. Ct. Op. at 3. Although this award appears inconsistent initially, it comports with the law. The Supreme Court allows recovery for actual damages as well as mental and emotional distress. See Memphis Community Sch. Dist. v. Stachura, 477 U.S. 299, 306-07, 91 L. Ed. 2d 249, 106 S. Ct. 2537 (1986). The district court [*671] apparently awarded the first category of damages to compensate Combs for his disfigurement, the second and third categories for, inter alia, the pain and suffering and emotional damages suffered during the incident, and the fourth category as a collective award for future injury, medical expenses, pain and suffering, and emotional damages. In light of the thorough factual findings by the [**4] district court, this damages award is not clearly erroneous. The judgment of the district court is AFFIRMED.
No. 04-60067
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT
134 Fed. Appx. 669
June 1, 2005, Filed
NOTICE: [**1] RULES OF THE FIFTH CIRCUIT COURT OF APPEALS MAY LIMIT CITATION TO UNPUBLISHED OPINIONS. PLEASE REFER TO THE RULES OF THE UNITED STATES COURT OF APPEALS FOR THIS CIRCUIT.
PRIOR HISTORY: Appeal from the United States District Court for the Southern District of Mississippi. 3:00-CV-36-L-N.
COUNSEL: For STEPHEN MICHAEL COMBS, Plaintiff - Appellee: David Ratcliff, Ratcliff & Ratcliff, Laurel, MS; David Randall Wade, Flowood, MS.
For NORRIS KENNEDY, Officially and Individually, Defendant - Appellant: John Lewis Clay, Office of the Attorney General for the state of Mississippi, Jackson, MS; Leonard Charlton Vincent, Mississippi Department of Corrections, Staf Attorney's Office, Parchman, MS.
JUDGES: Before JONES, WIENER, and CLEMENT, Circuit Judges.
OPINION
[*670] PER CURIAM:*
FOOTNOTES
* Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4.
On this appeal following a bench trial, we review the district court's [**2] findings of fact, including whether an officer has acted with deliberate indifference, under a clearly erroneous standard. Gates v. Cook, 376 F.3d 323, 333 (5th Cir. 2004). The district court's findings of fact will not be disturbed unless, after reviewing the entire record, this court is "left with the definite and firm conviction that a mistake has been committed." Rodriguez v. Bexar County, Texas, 385 F.3d 853, 860 (5th Cir. 2004) (quoting Anderson v. City of Bessemer City, 470 U.S. 564, 573, 84 L. Ed. 2d 518, 105 S. Ct. 1504 (1985)). Once the facts are established, the question whether the facts found by the district court constitute a constitutional violation is reviewed de novo. Gates, 376 F.3d at 333. After reviewing the full record, the district court opinion and briefs, and hearing oral argument, we find no reversible error as to the factual findings and liability holding against Norris Kennedy for his conduct in this incident.
Kennedy also challenges the district court's damages award as duplicative. As damages constitute factual findings, we review the damages award for clear error. Lebron v. United States, 279 F.3d 321, 325 (5th Cir. 2002). [**3] Damages awarded under 42 U.S.C. § 1983 are governed by common law tort principles. Sockwell v. Phelps, 20 F.3d 187, 192 (5th Cir. 1994). Here, the district court gave four specific awards: "(1) $ 25,000 for past and present personal injuries; (2) $ 30,000 for past and present pain and suffering; (3) $ 55,000 for past and present emotional damages; and (4) $ 165,000 for permanent injury and future pain, suffering and emotional damage." Dist. Ct. Op. at 3. Although this award appears inconsistent initially, it comports with the law. The Supreme Court allows recovery for actual damages as well as mental and emotional distress. See Memphis Community Sch. Dist. v. Stachura, 477 U.S. 299, 306-07, 91 L. Ed. 2d 249, 106 S. Ct. 2537 (1986). The district court [*671] apparently awarded the first category of damages to compensate Combs for his disfigurement, the second and third categories for, inter alia, the pain and suffering and emotional damages suffered during the incident, and the fourth category as a collective award for future injury, medical expenses, pain and suffering, and emotional damages. In light of the thorough factual findings by the [**4] district court, this damages award is not clearly erroneous. The judgment of the district court is AFFIRMED.