Police misconduct case in Syracuse yields $1.5 million in damages

The Court of Appeals holds that a jury was able to award a husband-wife plaintiffs' team more than $1.5 million in damages for the use of excessive force against the husband and the wife's loss of consortium. 

The case is Grant v. Lockett, a summary order issued on December 8. I was among the lawyers representing the plaintiffs on appeal, which we argued in May 2020 I talk about the evidentiary rulings that the Court of Appeals resolved on this appeal at this link. In brief, the trial court made several improper evidentiary decisions that did not warrant a new trial because they were either harmless error or the defendants were not prejudiced by in light of the overall strength of the plaintiffs' case and other factors. 

Jury awards may be struck down if they are too high, that is, if the Court of Appeals determines they shock the conscience under federal law or deviate materially from the reasonable range of awards under state law. For Alonzo Grant, the $1.130 million in damages for pain and suffering are not too high because "he suffered serious and long-lasting physical injuries and emotional distress due to the incident and his arrest." The Second Circuit (Sack, Kearse and Livingston) does not detail Alonzo's injuries, but the district court did so on the post-trial motion, stating:

Mr. Grant and his health care providers testified regarding the medical conditions Mr. Grant suffered as a result of the beating. Dr. Hassan Shukuri, a neurologist, testified that Mr. Grant complained of headaches, insomnia and nightmares, anxiety and memory issues and experienced dizziness and sun and noise sensitivity and was taking medication for depression. Further, Dr. Shukuri found that Mr. Grant experienced compression of his cervical spine and weakness in his left arm. Dr. John, Mr. Grant's primary physician, observed and referred Mr. Grant based on his facial and head injuries, including a nasal fracture and a laceration by his left eye, diagnosed him with a concussion and his left arm injury. Additionally, Dr. Theresa Covington, a neuropsychologist, testified that Mr. Grant complained of problems with his cognitive memory, concentration, depression, anxiety and post-traumatic stress and that he had significant symptoms of depression, anxiety and acute traumatic stress.

Further, the actions of Officers Lockett and Montalto were egregious as Mr. Grant endured at least twelve to fifteen punches to his head and torso. The excessive force and false arrest occurred on the front lawn of his home in front of his family and neighbors. In addition to his physical injuries, Mr. Grant suffered significant mental and emotional damages. Mr. Grant testified with regards to the difficulties he experienced at work, including dizziness and problems with lifting, sun sensitivity and memory. He also testified about the humiliation of being assaulted by two police officers on the front lawn of his home in front of his family and neighbors. Mr. Grant testified that prior to being beaten by Officers Lockett and Montalto, he was in excellent health and did not suffer from headaches, arm, back, face or neck pain, insomnia, anxiety or depression.

Alonzo's wife prevailed at trial on her loss of consortium claim, which permits damages when the wrongdoer's misconduct damages the marital relationship. This incident, the Court of Appeals says, "has caused tremendous hardship in Stephanie's and Alonzo's relationship that will continue well into the future." The jury gave her $450,000 for these damages. While this jury award is certainly on the high side, it "falls within a reasonable range of awards New York courts have upheld in similar cases."