United States District Court, N.D. Indiana, Hammond Division
GLENN D. WARE, Plaintiff,
MICHAEL BROWN, Defendant.
OPINION AND ORDER
R. CHERRY MAGISTRATE JUDGE
matter is before the Court on a Defendant's Motion for
New Trial [DE 152], filed by Defendant Michael Brown on
December 1, 2017. For the reasons stated below, the Court
denies the motion.
parties orally agreed on the record to have this case
assigned to a United States Magistrate Judge to conduct all
further proceedings and to order the entry of a final
judgment in this case. Therefore, this Court has jurisdiction
to decide this case pursuant to 28 U.S.C. § 636(c).
September 25-27, 2017, a jury trial was held in this
litigation on Plaintiff Glenn D. Ware's claims of civil
rights violations under 42 U.S.C. § 1983. Plaintiff
claimed that Defendant used excessive force, conducted an
unreasonable search, and retaliated against Plaintiff's
exercise of free speech.
Court instructed the jury as follows regarding compensatory
and nominal damages:
If you find in favor of Plaintiff Glenn Ware, then you must
determine the amount of money that will fairly compensate him
for any injury that you find he sustained as a direct result
of Michael Brown's actions. These are called compensatory
damages. . . .
You should consider the following types of compensatory
damages and no others:
1. The reasonable value of medical care and supplies . . . .
2. The physical and emotional pain and suffering . . . .
If you find in favor of Glenn Ware but find that he has
failed to prove compensatory damages, you must return a
verdict for him in the amount of one dollar ($1.00).
Jury Instr. No. 23, ECF No. 141). The Court also instructed
the jury on punitive damages.
jury returned verdicts in favor of Defendant on the excessive
force and unreasonable search claims. The jury returned a
verdict in favor of Plaintiff on the free speech claim and
awarded $7, 500 in damages, which the Court determined in an
Opinion and Order dated November 3, 2017, reflects a $1
nominal damages award and a $7, 499 punitive damages award.
filed the instant motion on December 1, 2017. Plaintiff did
not file a response ...