62 F.4th 829
4th Cir.2023Background
- In 1983 Henry McCollum (19) and Leon Brown (15), both severely intellectually disabled, signed confessions after lengthy interrogations and were convicted of the rape and murder of an 11-year-old; McCollum was sentenced to death, Brown to life.
- Later evidence (including DNA from a cigarette butt) tied Roscoe Artis to the crimes; the North Carolina Innocence Inquiry Commission found significant investigative failures and concluded the brothers were likely innocent.
- A state court vacated their convictions; Governor McCrory issued Pardons of Innocence and the brothers were released after 31 years. They sued under 42 U.S.C. § 1983 against several officers, Robeson County, and the town of Red Springs.
- Some defendants settled pretrial (totaling $11.5M per plaintiffs), leaving two SBI agents (Snead and Allen) to be tried; a jury awarded $62M compensatory and $13M punitive damages against those agents.
- The district court denied defendants’ motions for a new trial and to offset prior recoveries, awarded $36M prejudgment interest (raising compensatory damages to $98M), and granted $6.25M in attorneys’ fees and costs.
- On appeal the Fourth Circuit: affirmed denial of a new trial and the fee award; vacated the refusal to credit prior settlements (remanding to reduce verdict by at least $10M and determine collateral-source status of $1.5M); and reversed the prejudgment-interest award.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Admissibility of Pardons and effect on defense | Pardons reflect state finding of innocence and are relevant evidence | Pardons improperly treated as conclusive, preventing defendants from arguing confessions were voluntary | Court affirmed admission; pardons admissible and did not bar defendants from contesting misconduct |
| Testimony of former DA (Johnson Britt) and judicial remarks | Britt provided factual/practice-based corroboration of coercion; judge's comments were proper case management | Britt improperly opined on witness credibility without being an expert; judge vouched and showed bias | Errors in Britt’s credibility testimony were minor/harmless; judge’s comments not a disqualifying bias; new-trial denial affirmed |
| Jury interrogatories specificity / qualified immunity | Plaintiffs: broad interrogatories sufficient to resolve liability and immunity | Defendants: needed granular interrogatories tied to qualified immunity factual questions | District court’s broader interrogatories fell within discretion; affirmed |
| Credit for prior settlements and state statutory payments | Plaintiffs: full jury award should stand; court would handle adjustments | Defendants: one-satisfaction rule requires credit for prior $11.5M; state payments should also offset unless collateral source | Fourth Circuit vacated denial; remanded to reduce judgment by at least $10M (settlements) and determine whether $1.5M is collateral source |
| Prejudgment interest (Rule 59(e) award of $36M) | Interest required to make plaintiffs whole from release date | Defendants: not pleaded or submitted to jury; speculative for tort damages; double recovery/punitive | Award reversed: court abused discretion because jury likely awarded full compensation and court could not reasonably calculate interest |
| Attorneys’ fees award ($6.25M) | Fees reasonable given complexity, out-of-town counsel justified | Defendants challenged rates, staffing, block billing | Fee award reviewed for abuse of discretion and affirmed |
Key Cases Cited
- Heck v. Humphrey, 512 U.S. 477 (1994) (§1983 relief limited where conviction has not been invalidated)
- Gilliam v. Sealey, 932 F.3d 216 (4th Cir. 2019) (qualified immunity and factual issues in this litigation)
- Chisholm v. UHP Projects, Inc., 205 F.3d 731 (4th Cir. 2000) (one-satisfaction rule prevents double recovery from joint tortfeasors)
- West Virginia v. United States, 479 U.S. 305 (1987) (prejudgment interest compensates loss of use of money and is an element of complete compensation)
- Liteky v. United States, 510 U.S. 540 (1994) (routine judicial courtroom administration does not establish bias)
- United States v. Janati, 374 F.3d 263 (4th Cir. 2004) (district courts’ broad control over trial management and evidence admission)
- National Wildlife Federation v. Hanson, 859 F.2d 313 (4th Cir. 1988) (standards for awarding out-of-town attorney rates)
- Quesinberry v. Life Ins. Co. of N. Am., 987 F.2d 1017 (4th Cir. 1993) (prejudgment interest in equitable/contract contexts)
- Eden v. Amoco Oil Co., 741 F. Supp. 1192 (D. Md. 1990) (court may not add prejudgment interest after a jury has determined damages without basis)
- Berry v. Schulman, 807 F.3d 600 (4th Cir. 2015) (appellate standard for reviewing attorneys’ fees awards)