Post by WaTcHeR on May 5, 2006 9:25:41 GMT -5
05/05/2006 - FAYETTEVILLE — A federal judge threw out a jury’s compensatory damage award in the case of a Little Rock man whose motel room was illegally searched by a Rogers police officer.
Jimmy Finley Sr. was awarded $10,000 in compensatory damages and $5,000 in punitive damages last year after the jury found Officer John Fry violated his civil rights by conducting an unreasonable search.
The city asked that the verdict be set aside as excessive.
U.S. District Judge Jimm Larry Hendren ruled Thursday that Finley must choose between receiving a reduced compensatory damage award of $1 or a new trial. He has 14 days to decide.
He will receive the punitive damages if he doesn’t choose to have a new trial.
Hendren’s order said Finley’s testimony did not reflect that he suffered any physical, financial or emotional injury from the search.
“While the violation of Finley’s rights was supported by the evidence, actual damages were not,” Hendren wrote. “In such a situation, an award of nominal damages would be appropriate but an award of $10,000 is excessive.”
Rogers City Attorney Ben Lipscomb was pleased with the decision.
“We didn’t really feel like the police officer did anything wrong to begin with,” Lipscomb said. “Even if he had made a technical mistake, nobody was harmed. It was a no-harm, no-foul deal.”
Lipscomb declined to address the judge’s decision to leave the punitive damages in place, citing the court’s discretion in that area.
“But we’re certainly pleased that he did set aside the compensatory part of the jury award — at least $9,999 of it,” Lipscomb said.
Finley’s attorney, Doug Norwood, said he has not yet spoken with his client, so no decision has been made.
“The judge said I talked the jury into giving too much money to him on compensatory damages,” Norwood quipped Thursday.
Finley and his son, who are black, were working on a construction project in Rogers in February 2000 when Finley’s son was arrested on suspicion of driving under the influence, a charge that was later dropped.
Fry went to the Town and Country Motel to tell the elder Finley that his son had been arrested and to take Finley to pick up their vehicle to avoid a tow charge.
Before taking Finley to retrieve the vehicle, Fry allegedly conducted a search of the motel room, looking through the bathroom and Finley’s suitcase for a gun, without a warrant or consent to search. Finley did not have a gun.
Jimmy Finley Sr. was awarded $10,000 in compensatory damages and $5,000 in punitive damages last year after the jury found Officer John Fry violated his civil rights by conducting an unreasonable search.
The city asked that the verdict be set aside as excessive.
U.S. District Judge Jimm Larry Hendren ruled Thursday that Finley must choose between receiving a reduced compensatory damage award of $1 or a new trial. He has 14 days to decide.
He will receive the punitive damages if he doesn’t choose to have a new trial.
Hendren’s order said Finley’s testimony did not reflect that he suffered any physical, financial or emotional injury from the search.
“While the violation of Finley’s rights was supported by the evidence, actual damages were not,” Hendren wrote. “In such a situation, an award of nominal damages would be appropriate but an award of $10,000 is excessive.”
Rogers City Attorney Ben Lipscomb was pleased with the decision.
“We didn’t really feel like the police officer did anything wrong to begin with,” Lipscomb said. “Even if he had made a technical mistake, nobody was harmed. It was a no-harm, no-foul deal.”
Lipscomb declined to address the judge’s decision to leave the punitive damages in place, citing the court’s discretion in that area.
“But we’re certainly pleased that he did set aside the compensatory part of the jury award — at least $9,999 of it,” Lipscomb said.
Finley’s attorney, Doug Norwood, said he has not yet spoken with his client, so no decision has been made.
“The judge said I talked the jury into giving too much money to him on compensatory damages,” Norwood quipped Thursday.
Finley and his son, who are black, were working on a construction project in Rogers in February 2000 when Finley’s son was arrested on suspicion of driving under the influence, a charge that was later dropped.
Fry went to the Town and Country Motel to tell the elder Finley that his son had been arrested and to take Finley to pick up their vehicle to avoid a tow charge.
Before taking Finley to retrieve the vehicle, Fry allegedly conducted a search of the motel room, looking through the bathroom and Finley’s suitcase for a gun, without a warrant or consent to search. Finley did not have a gun.