Ruiz v. Wing, No. 18-10912 (11th Cir. 2021)
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Plaintiff filed suit under 42 U.S.C. 1983 against two police officers, alleging that the officers used excessive force when apprehending him. After a jury returned a verdict for the officers, the district court entered judgment in favor of them. Although represented by counsel, plaintiff, acting pro se, filed a motion for new trial pursuant to Federal Rule of Civil Procedure 59 on January 26, 2018. The district court struck plaintiff's motion as an unauthorized pro se filing by a represented party on February 27, 2018, and subsequently denied a motion for reconsideration filed by plaintiff's counsel.
The Eleventh Circuit held that a pro se motion for a new trial that is stricken because the movant is represented by counsel tolls the time for filing a notice of appeal of the judgment under Federal Rule of Appellate Procedure 4(a)(4)(A). In this case, the court concluded that plaintiff's Rule 59 motion for a new trial tolled the time for him to file a notice of appeal, his notice of appeal was therefore timely, and the court has jurisdiction over his appeal. However, because plaintiff's claims are meritless, the court affirmed the judgment. The court rejected plaintiff's evidentiary challenges to the district court's admission of a hotel video; concluded that the admission of comments made by the officers' counsel during trial do not warrant a new trial; concluded that plaintiff failed to show plain error in the district court's questioning and commentary; concluded that the district court's summary denial did not warrant a new trial; and concluded that the district court did not err in striking plaintiff's pro se motion for new trial.
The court issued a subsequent related opinion or order on March 12, 2021.
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