Ninth Circuit Holds for Plaintiffs on Interest of Damages Award
Ninth Circuit Holds for Plaintiffs on Interest of Damages Award
The United States Court of Appeals for the Ninth Circuit held in July 2013 for the plaintiffs, Charles and Rita Barnard, in their appeal of the district court’s decision denying them pre- and post-judgment interest on their damages award. The case was vacated and remanded for further proceedings consistent with the conclusions drawn by the Court of Appeals.
In December 2001, Charles Barnard was accosted on his front porch by three Las Vegas Metropolitan Police Department (LVMPD) officers who were in the course of executing an arrest warrant on his brother, David. During the initial confrontation a series of miscues occurred. Charles Barnard suffered trauma that resulted in five collapsed vertebrae in his cervical spine, nine operations, and years of pain. His wife, Rita, was caught up in the fracas and became a co-plaintiff.
Mr. Charles Barnard brought suit in December 2003, which was resolved by summary judgment for the defendants. On appeal the Ninth Circuit affirmed summary judgment for the defendants as to the false arrest claim by virtue of qualified immunity, and to the LVMPD, rejecting the plaintiff’s vicarious municipal liability argument in their §1983 claim. The court otherwise reversed the district court on the excessive force claim and remanded the case for trial.
The trial court jury found for the plaintiffs in January 2011 and recommended Mr. Barnard’s award for damages to be $2,111,656.52. Defendants filed for a remittitur and the Barnards filed for attorney fees. In remittitur, the district court reduced damages by $500,000 to $1,611,656.52, to which Charles did not object, and granted in part the Barnards’ motion for attorney fees, awarding 40% less than requested (from $315,505 to $189,303, plus $64,408.80 in costs), and awarded both pre- and post-judgment interest. At defendant’s motion for reconsideration, the district court entered the judgment amounts previous given, and made no mention of interest amounts. Both parties appealed.
The Ninth Circuit Court of Appeals brushed aside the defendant’s attempt to justify excessive use of force as “simply mistaken” and addressed the plaintiffs’ monetary issues. The Court noted the lack of calculation presented by the district court in reducing attorney fees and remanded for a more complete explanation. Regarding interest, the court noted that post-judgment interest is mandatory, and remanded with instructions to provide post-judgment interest to the award and further noted that the district court erred in its belief that pre-judgment awards were not available as applied to an award of non-economic damages. See: Barnard v. Theobald, 721 F.3d 1069 (9th Cir. Nev. 2013).
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Related legal case
Barnard v. Theobald
| Year | 2013 |
|---|---|
| Cite | 721 F.3d 1069 (9th Cir. Nev. 2013) |
| Level | Court of Appeals |
| Attorney Fees | 253,711.80 |
| Damages | 1,611,656.52 |
| Appeals Court Edition | F.3d |