Frizzell v. Szabo
2011 U.S. App. LEXIS 15418
| 7th Cir. | 2011Background
- Traffic stop for seatbelt violation escalates when Frizzell allegedly fails to stop near Lowe's; Szabo tasers Frizzell multiple times and pepper-sprays after Frizzell moves toward store exit.
- Discrepancies exist between Frizzell’s and Szabo’s accounts of commands, arrest, and the use of force during the confrontation in the Lowe's parking lot/store entrance.
- Frizzell sues Szabo and Sangamon County for excessive force and false arrest under 42 U.S.C. § 1983; Szabo counterclaims for battery seeking $75,000.
- Jury finds in Frizzell’s favor on excessive force but awards only nominal damages; false arrest is defeated, and Szabo’s battery claim is resolved in Szabo’s favor.
- District court declines Frizzell’s requests for an amended judgment or new trial; district court also denies attorney’s fees, citing de minimis damages.
- Frizzell appeals the nominal damages instruction, denial of post-trial motions, and denial of attorney’s fees.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether nominal damages were appropriate in an excessive force case | Frizzell argues pain shows injury; nominal damages proper in some Briggs scenarios | Szabo argues taser/police actions may justify nominal damages under Briggs | Nominal damages upheld; jury could find non-injury-based justification under Briggs |
| Whether the district court erred in denying post-trial relief | Frizzell argues weight of the evidence favors more damages; new trial warranted | Szabo contends judgment supported by record; no abuse of discretion | No abuse; verdict within reasonable record support; post-trial motions denied |
| Whether attorney's fees should be awarded to Frizzell | Frizzell prevailed on at least part of his excessive force theory | Significant difference between requested damages and nominal award; limited success | No attorney’s fees; factors weighed against fee award; no public-purpose vindication shown |
Key Cases Cited
- Briggs v. Marshall, 93 F.3d 355 (7th Cir. 1996) (nominal damages in certain excessive force cases appropriate)
- Lewis v. Downey, 581 F.3d 467 (7th Cir. 2009) (pain as the barometer for excessive force damages; nominal damages possible)
- Maul v. Constan, 23 F.3d 143 (7th Cir. 1994) (factors for evaluating attorney’s fees in § 1983 actions)
- McNabola v. Chicago Transit Authority, 10 F.3d 501 (7th Cir. 1993) (standard for reviewing post-trial motions and damages)