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Damages
The Plaintiff became a volunteer dog walker for the Town of Southhampton Animal Control Shelter. She wrote letters to the press, participated in a radio show and eventually filed a lawsuit about the shelter’s euthanasia policies. After filing on order to show cause in support of an injunction request to stop the euthanasia policy, she was directed to leave the shelter by town code enforcement officers. In a Section 1983 First Amendment Freedom of Speech claim, a jury verdict in her favor awarded the Plaintiff $251,000 for emotional distress. The Defendant moved to vacate the jury award or for a remittitur reflecting an appropriate reduction of the amount of the verdict. Plaintiff also requested attorney fees and costs and expenses. Defendant argues that the Plaintiff did not testify about treatment by a medical or mental professional so had not shown distress over the euthanization while Plaintiff argued that the removal by the town’s officers caused extreme distress and medication needs. The Court noted that a good part of the Plaintiff’s life revolved around her work as a volunteer and the need to take antidepressants following her termination. The Court looked at its options to order a new trial limited to
damages or grant a remittitur if the court finds that the damages
awarded by the jury were excessive. Based on the evidence of
emotional distress the court found that emotional distress damages were
properly awarded. Since there did not shock the conscience, the
court affirmed that the district court did not abuse its discretion in
declining to grant a remittitur, however, did find that damages in
excess of $50,000 based on other cases, would be shocking so ordered a
new trial on the issue of damages unless the Plaintiff agreed to a
remittitur reducing the emotional distress award to $50,000. After
a long discussion regarding attorney’s fees and what was
reasonable, the Court awarded attorney’s fees based on a total of
476.75 hours.
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