Levka v. Chicago - 748 F.2d 421 (7th Cir. 1984)

Rule:

In reviewing a jury verdict for damages to determine whether it is excessive, the appellate court must defer to the judgment of the jury unless the award is monstrously excessive, or so large as to shock the conscience of the court. Under this standard, while the appellate court must accord substantial weight to the determination of the jury on the issue of damages, it must also set aside the award if it decided that the award was grossly excessive. One factor to consider in determining whether to set aside an award is whether the award is out of line compared to other awards in similar cases.

Facts:

Plaintiff Maria Levka brought suit, claiming that defendant, the City of Chicago, violated her civil rights when Chicago police officers subjected her to a strip search after her arrest for a misdemeanor offense. Following the jury's award of $ 50,000 as compensation for emotional injuries, defendant moved for judgment notwithstanding the verdict or, in the alternative, for a new trial or the entry of a remittitur. The district court denied the motion, and the defendant appealed the award of damages.

Issue:

Was the award of $50,000, as compensatory damages for an unconstitutional strip search, excessive?

Answer:

Yes.

Conclusion:

The court considered whether a jury verdict of $ 50,000, rendered as compensatory damages for an unconstitutional strip search, was excessive. It compared the award in this case with awards in other strip search cases, and found that this award stood out as remarkably high. Thus, it held that the award was grossly excessive, and should be reduced because plaintiff had not offered any evidence to suggest that the strip search to which she was subjected was performed in any aggravated manner. Therefore, the court reversed the district court's order, vacated the judgment, and remanded for entry of a compensatory award of $ 25,000.