Jordan v. Large, No. 19-7855 (4th Cir. 2022)Annotate this Case
A hung jury on one claim is a non-finding that cannot be used to conduct a consistency analysis with another finding by the jury. In this case, the jury was given a general verdict form, found defendant liable on one count and awarded plaintiff $25,000 in damages. However, the district court invalidated that verdict based on a jury deadlock for a different count, reasoning that the deadlock on excessive force was irreconcilable with a verdict on retaliation.
The Fourth Circuit reversed the district court's order granting a new trial and reinstated the jury verdict finding defendant liable for $25,000 based on plaintiff's retaliation claim and vacated the district court's final judgment based on the second trial. The court also vacated the district court's order denying plaintiff's motion for attorney's fees and vacated the district court's order denying plaintiff's motion for partial voluntary dismissal because its decision on those matters was based on the district court's ruling on the motion for a new trial. The court remanded for further proceedings.