United States District Court, D. Columbia.
For BRIDZETTE LANE, Individually and as the Personal Representative of the Estate of Ralphael Briscoe, Plaintiff: Billy L. Ponds, LEAD ATTORNEY, PONDS LAW FIRM, Washington, DC; Kenneth D. Bynum, LEAD ATTORNEY, BYNUM & JENKINS, PLLC, Alexandria, VA.
For DISTRICT OF COLUMBIA, A Municipal Corporation, CHAD LEO, District of Columbia Metropolitan Police Department Officer, Defendants: Kerslyn D. Featherstone, LEAD ATTORNEY, OFFICE OF ATTORNEY GENERAL/DC, Washington, DC; Robert A. DeBerardinis, Jr., Stephanie Litos, OFFICE OF THE ATTORNEY GENERAL FOR THE DISTRICT OF COLUMBIA, Washington, DC.
MEMORANDUM OPINION AND ORDER
CHRISTOPHER R. COOPER, United States District Judge.
Bridzette Lane brought this wrongful death suit on behalf of the estate of her son, Ralphael Briscoe, who was shot and killed by a Washington, D.C. Metropolitan Police Department (" MPD" ) officer. On February 12, 2015, following a six-day trial and two days of deliberation, an eight-member jury returned a unanimous verdict in favor of the officer and the District of Columbia. Lane now moves for a new trial under Federal Rule of Civil Procedure 59, contending that the jury's verdict was against the weight of the evidence. Heeding the D.C. Circuit's caution against " encroach[ing] on the jury's important fact-finding function" when deciding motions for a new trial brought on that basis, Langevine v. District of Columbia, 106 F.3d 1018, 1023, 323 U.S.App.D.C. 210 (D.C. Cir. 1997), the Court will deny Lane's motion.
Ralphael Briscoe's shooting resulted from a police operation carried out by a specialized squad of the MPD known as the Gun Recovery Unit (" GRU" ). On the afternoon on April 26, 2011, as they had done many times before, a team of GRU officers wearing tactical gear pulled their unmarked Ford Explorer into the parking lot of the Forest Ridge apartments in Southeast Washington, D.C. There they encountered 18-year-old Ralphael Briscoe talking on his cell phone. Briscoe, who was visiting friends at the complex, was not previously known to the officers and was not suspected of any crime. Seeing the officers, Briscoe began to walk away. As the Explorer moved closer, one of the officers asked Briscoe if he had a gun. Briscoe did not answer and quickened his pace. Two of the officers--Jordan Katz and Thomas Sheehan -- jumped out of the vehicle. Briscoe then sprinted out of the parking lot onto an adjacent street. The two officers ran after him but did not order Briscoe to stop. Officer Chad Leo drove out of the complex in the Explorer with a fourth officer--Roberto Torres--in the back seat. Without turning on the vehicle's siren, Leo overtook the two officers on foot and sped towards Briscoe.
A pole-mounted MDP surveillance camera captured what happened next: As Briscoe crosses the street, what appears to be a dark object can been seen in his right hand. Briscoe darts left onto the opposite sidewalk. The SUV speeds towards him from behind. Briscoe glances at least twice over his left shoulder at the approaching vehicle, arms pumping. Ahead on his right is a driveway leading to a wooded area. As Briscoe pivots to turn into the driveway and flee towards the woods, the Explorer pulls parallel with him. Officer Leo points his gun and fires it twice through the open passenger-side window of the slowing but still moving vehicle, hitting Briscoe in the left side of his back and left buttock. Briscoe sprawls to the pavement.
Officer Sheehan testified at trial that upon reaching Briscoe after he was shot, Briscoe volunteered that the gun " [wasn't] even real." Briscoe was taken to the hospital but died of his wounds soon after arriving. On the ground near where Briscoe fell, crime scene investigators later recovered a cell phone, a shell casing, and a BB-pistol closely resembling a Walther PP handgun broken into three pieces.
Briscoe's mother, Bridzette Lane, filed a 20-count amended complaint alleging numerous constitutional violations and common law torts against Officer Leo and the District of Columbia. After the Court granted partial summary judgment to the District on certain counts and Lane voluntarily withdrew others, the case proceeded to trial on a Fourth Amendment excessive force claim against Officer Leo and claims of false arrest, assault, battery, negligence, and negligent infliction of emotional distress against both Leo and the District of Columbia. Lane's counsel pursued two alternative themes in their arguments and questioning of witnesses. Their primary thrust was that Mr. Briscoe was unarmed during the encounter and that the police planted the BB-pistol next to his body to cover-up Officer Leo's wrongful conduct. A secondary theme was that, even if Briscoe was holding the BB-pistol as he ran away from the police, the shooting was unjustified because Leo could not have reasonably feared for his safety when he fired the fatal shots.
On February 12, 2015, after a six-day trial and two days of deliberation, the jury returned a unanimous defense verdict on all counts. The jury also responded " yes" to a special interrogatory on the verdict form asking: " Do you find that Ralphael Briscoe had an object in his hand that reasonably looked like a real gun to Defendant Leo at the time Defendant Leo shot Ralphael Briscoe?" Lane's motion for a new trial followed.
II. Standard of Review
The decision to grant or deny a motion for new trial " lies within the sound discretion of the court." Armenian Assembly of Am., Inc. v. Cafesjian, 783 F.Supp.2d 78, 85 (D.D.C. 2011) (quotation omitted). The court may grant a motion for a new trial " where the verdict is against the weight of the evidence . . . [or] substantial errors occurred in the admission or rejection of evidence or the giving or refusal of instructions." Lee v. District of Columbia, 19 F.Supp.3d 281, 285-86 (D.D.C. 2014) (citations and quotation marks omitted). " Generally, a new trial may only be granted when a manifest error of law or fact is presented." In re Lorazepam & Clorazepate Antitrust Litig., 467 F.Supp.2d 74, 87 (D.D.C. 2006). In granting a motion for new trial on the grounds that the verdict was against the weight of the evidence, the trial judge risks usurping the prime function of the jury--to weigh the evidence and determine the credibility of the witnesses. Langevine, 106 F.3d at 1023. Accordingly, while appellate review of a denial of a motion for a new trial is very narrow, U.S. Indus., Inc. v. Blake Const. Co., Inc., 671 F.2d 539, 549, 217 U.S.App.D.C. 33 (D.C. Cir. 1982), the D.C. Circuit will reverse an order granting a new trial when it finds that a district judge has merely taken a view contrary to the jury on the credibility of witnesses or conclusions to draw from the evidence. Hutchinson v. Stuckey, 952 F.2d 1418, 1420-21, 293 U.S.App.D.C. 224 (D.C. Cir. 1992); Vander Zee v. Karabatsos, 589 F.2d 723, 727, 191 U.S.App.D.C. 200 (D.C. Cir. 1978).
Lane contends that the jury's verdict was against the weight of the evidence. With respect to her central contention that Briscoe was unarmed and police planted the BB-pistol -- which dominated her counsel's trial presentation--Lane asserts that the video footage shows an object being thrown from the Explorer seconds after the shooting, which she maintains is the planted gun. She argues as well that the video shows Officer Torres scraping the ground near the scene with his foot in an effort to move the BB-pistol closer to Briscoe's body. She also points to trial testimony from one of her son's friends who said she hugged Briscoe soon before the shooting and did not feel a gun, and to her own testimony ...