890 F.3d 382
2d Cir.2018Background
- On March 9, 2011, Derrick Bryant was arrested in a Meriden police buy‑and‑bust; a struggle occurred and officers recovered a bag of crack cocaine lodged near Bryant’s buttocks.
- Bryant was held in a cell, handcuffed with a spit mask; officers entered the cell, one carried a taser, Bryant was taken to the floor, and officers recovered the bag.
- Bryant sued under 42 U.S.C. § 1983 and state law alleging excessive force, an unlawful cavity search, gratuitous tasering, and a Monell claim; the Monell claim was dismissed on summary judgment.
- After a jury trial, the jury returned verdicts for the officers. Bryant sought a new trial under Rule 59; the district court granted a new trial limited to whether Slezak’s taser use was excessive and whether Egan failed to intervene, concluding the jury’s finding on the taser issue was against the weight of the evidence.
- Officers Slezak and Egan appealed the district court’s order granting a new trial and argued the court erred and that qualified immunity bars retrial.
- The Second Circuit dismissed the interlocutory appeal for lack of jurisdiction because resolution of the qualified immunity question here requires resolving disputed factual issues.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Appealability of district court’s grant of a new trial (Rule 59) | Bryant sought new trial; plaintiff maintains district court correctly granted new trial for taser issue | Officers contend district court erred in concluding verdict was against weight and new trial improper | Grant of new trial is not a final decision; appeal of that factual-weight ruling is not reviewable—court lacks jurisdiction |
| Interlocutory appeal based on qualified immunity after trial | Bryant argues defendants not entitled to immunity because facts show constitutional violation | Defendants argue qualified immunity rejection is immediately appealable and shields them from retrial | Qualified immunity is appealable only when the entitlement turns on pure questions of law; here factual disputes remain, so appeal dismissed for lack of jurisdiction |
| Whether the jury verdict on taser use was against the weight of the evidence | Bryant argued force was excessive and jury’s verdict was against weight of evidence | Officers argued taser use was reasonable given resistance and safety concerns | District court found jury verdict on taser issue against the weight of the evidence and ordered new trial; Second Circuit did not review that factual determination |
| Whether factual resolution at trial precludes immediate qualified immunity review | Bryant argues facts resolved at trial justify denying immunity | Officers argue trial resolved facts so legal immunity question can be decided on appeal | Because nearly all material facts remain disputed and district court rejected the jury’s verdict on the taser issue, factual predicate for immunity remains unresolved; interlocutory review denied |
Key Cases Cited
- Coollick v. Hughes, 699 F.3d 211 (2d Cir. 2012) (general rule that appeals lie only from final district court decisions)
- Ortiz‑Del Valle v. N.B.A., 190 F.3d 598 (2d Cir. 1999) (Rule 59 new‑trial orders are generally not appealable)
- Bolmer v. Oliveira, 594 F.3d 134 (2d Cir. 2010) (qualified immunity denials are immediately appealable when they raise only legal questions)
- Britt v. Garcia, 457 F.3d 264 (2d Cir. 2006) (discussion of interlocutory qualified immunity appeals and posture)
- State Emp. Bargaining Agent Coal. v. Rowland, 494 F.3d 71 (2d Cir. 2007) (if qualified immunity requires factual resolution, appellate review is postponed)
- Hathaway v. Coughlin, 37 F.3d 63 (2d Cir. 1994) (court may consider undisputed trial facts in assessing interlocutory immunity questions)
- Monell v. Department of Social Services, 436 U.S. 658 (1978) (Monell liability requires municipal policy or custom)