Payne v. Jones
696 F.3d 189
2d Cir.2012Background
- Payne, a Vietnam veteran with PTSD, was taken to the emergency room after injuring his thumb; he was combative and disoriented.
- Officers Jones and Abel arrested Payne under NY Mental Hygiene Law § 9.41 and transported him to a hospital for evaluation.
- Jones, while escorting Payne, slapped Payne’s head; Payne resisted, and Jones later beat Payne for about 30 seconds in the hospital’s mental health unit.
- Payne alleged excessive force under § 1983 and battery; a jury awarded compensatory and punitive damages to Payne.
- Jones missed the first three days of a five-day trial due to a medical emergency; the district court partially proceeded with trial and later allowed Jones to testify.
- The jury awarded Payne $60,000 in compensatory damages and $300,000 in punitive damages; the district court remitted only in part, and the case was remanded for a new punitive damages trial unless Payne remitted to $100,000.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether denial of a continuance was error | Payne | Jones | No reversible error; denial not arbitrary or prejudicial |
| Whether punitive damages were excessive | Payne | Jones | Punitive award excessive; remittitur to $100,000 or new punitive-damages trial |
Key Cases Cited
- Davis v. United Fruit Co., 402 F.2d 328 (2d Cir. 1968) (discretion to grant continuances; abuse requires arbitrariness and prejudice)
- United States v. Cusack, 229 F.3d 344 (2d Cir. 2000) (trial court broad discretion to grant or deny continuances)
- Morrissey v. National Maritime Union of America, 544 F.2d 19 (2d Cir. 1976) (illness pretrial does not establish prejudice without showing specific harm)
- Morris v. Slappy, 461 U.S. 1 (Sup. Ct. 1983) (trial courts have broad scheduling discretion; continuances disruptive)
- BMW of North America, Inc. v. Gore, 517 U.S. 559 (S. Ct. 1996) (guideposts for determining punitive-damage excessiveness; 'grossly excessive' standard in due process context)