Sawyer v. Asbury
861 F. Supp. 2d 737
S.D.W. Va2012Background
- Domestic disturbance Oct. 29, 2010; Sawyer involved with girlfriend and deputy Asbury.
- Asbury arrested Sawyer; Sawyer verbally abused and threatened Asbury during transport to holding center.
- Sawyer pled guilty to assaulting Asbury at the residence; plea not related to holding center actions.
- At the Wood County holding center, Sawyer was searched and seated; video camera captured incident.
- Deputies attacked Sawyer; Asbury choked Sawyer, punched him, and left him injured on the floor; Sawyer later treated for a fractured nose.
- Jury found for defendant on excessive-force claim; plaintiff renewed JMOL and requested a new trial on damages; court granted JMOL for plaintiff on liability and ordered new trial on damages.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Excessive force standard for pretrial detainees under due process | Sawyer alleges excessive force; video shows choking and punching. | Officers acted within discretion to maintain discipline; not excessive. | Plaintiff’s excessive-force claim viable; video supports liability. |
| Effect of Rule 50 JMOL and Renewed JMOL on verdict | Video evidence undermines jury verdict; JMOL appropriate. | Jury verdict should stand absent clear errors; weight of evidence issue. | Grant of renewed JMOL for plaintiff on liability; new trial on damages. |
| Judicial assessment of video vs. jury credibility | Video establishes misconduct beyond reasonable doubt. | Jury could credit witnesses over video; credibility issue. | Video cannot be reconciled with jury verdict; supports liability. |
| Scope of new trial order on damages | Damages should be redetermined consistent with liability. | Damages should proceed per original trial unless error proven. | New trial ordered for damages; liability JMOL entered in favor of plaintiff. |
Key Cases Cited
- Carr v. Deeds, 453 F.3d 593 (4th Cir. 2006) (due-process excessive-force standard for pretrial detainees)
- Taylor v. McDuffie, 155 F.3d 479 (4th Cir. 1998) (proper inquiry: purpose of force in maintaining discipline vs. inflicting harm)
- United States v. Cobb, 905 F.2d 784 (4th Cir. 1990) (words alone cannot justify force against pretrial detainees; punching not allowed)
- Conner v. Schrader-Bridgeport Int'l, Inc., 227 F.3d 179 (4th Cir. 2000) (Rule 50 standard for renewed JMOL; weight of evidence not for jury if only one conclusion)
- Int'l. Gateway Transp. v. Mayor & City Council of Ocean City, Md., 475 F.3d 214 (4th Cir. 2007) (JMOL standard: only if only one reasonable conclusion supports movant)