Morales v. Fry, No. 14-35944 (9th Cir. 2017)
Annotate this CaseThe question of whether a particular constitutional right is "clearly established," as part of the qualified immunity analysis, is within the province of the judge. The Ninth Circuit affirmed in part and vacated in part the district court's judgment in an action alleging that police officers used excessive force in a May Day protest. The panel held that the district court erred in submitting the "clearly established" inquiry to the jury. The panel held that the error was not harmless with respect to plaintiff's claims against Officer Fry and remanded to the district court with instructions for it to either employ a general verdict form, or submit special interrogatories to the jury regarding the disputed issues of material fact. The panel also held that the district court properly denied Officer Rees's renewed motion for judgment as a matter of law on qualified immunity where, based on the evidence presented at trial, the jury could have reasonably decided that Rees's use of the pepper spray against plaintiff was retaliatory. Finally, the district court did not abuse its discretion in awarding attorney's fees.
Court Description: Civil Rights The panel affirmed in part and vacated in part the district court’s judgment entered following a jury trial, in an action alleging that plaintiff was subjected to excessive force by police officers during a May Day protest in Seattle, and remanded. The jury found for plaintiff on her excessive force claim against Officer Rees, but not on her unlawful arrest and excessive force against Officer Fry, and awarded plaintiff $0 damages. After trial, the parties stipulated to $1 in nominal damages and the district court awarded plaintiff $165,405 in attorney’s fees as the prevailing party against Rees. Plaintiff appealed, arguing that two jury instructions impermissibly submitted the legal question of qualified immunity to the jury. On cross-appeal, the officers challenge the denial of qualified immunity to Rees on his Rule 50(b) motion for judgment as a matter of law, and the award of attorney’s fees. The panel held the question of whether a particular constitutional right is “clearly established,” as part of the qualified immunity analysis, is a question of law that must ultimately be decided by a judge. The panel stated only a jury can decide disputed factual issues, while only a judge can decide whether the right was clearly established once the factual issues are resolved. The panel concluded that the district court erred in submitting the “clearly established”
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