McClanahan v. Wilson

UNITED STATES DISTRICT COURT

MIDDLE DISTRICT OF LOUISIANA

MICHAEL McCLANAHAN, ET AL.

CIVIL ACTION

VERSUS

NO. 17-1720-JWD-RLB

SCOTT WILSON, ET AL.

RULING AND ORDER

This matter is before the Court on the Motion to Strike Defendants’ Jury Demand (Doc.

32) filed by Plaintiffs Michael McClanahan, Gary Chambers, and Eugene Collins (collectively,

“Plaintiffs”). Defendants City of Baton Rouge and Scott Wilson (“Wilson”) (collectively,

‘“Defendants”) oppose the motion. (Doc. 35.) Plaintiffs have filed a reply. (Doc. 36.) The Court

has carefully considered the law, the facts in the record, and the arguments and submissions of the

parties and, for oral reasons assigned at the July 25, 2019, pretrial conference, granted Plaintiff's

motion. The Court now assigns these written reasons.

1. Relevant Background

This suit arises from a Baton Rouge Metro Council meeting which took place on May 10,

2017. (First Amended Complaint (“FAC”) 9§ 2-11, Doc. 2.) Plaintiffs are leaders in the African-

American community. Ud. § 5.) Scott Wilson was the Mayor Pro-Tempore of the Metro Council

who was in charge of running council meetings. (/d. J 19.)

Plaintiffs allege that they attempted to speak at this council meeting about the Alton

Sterling shooting and their criticism of the Baton Rouge Police Department. Ud. J 2-3.)

However, as soon as Plaintiffs and others “said the words ‘Alton Sterling,’ ‘Chief Dabadie,’ or

‘police department’ — or gave any indication that’s what they were there to talk about,” Wilson

ordered that the police remove them. (/d. § 4.) Plaintiffs claim that this contrasted with Wilson’s

treatment of other speakers who were allowed to finish their time, regardless of whether they

stayed on topic or discussed agenda items. (/d. § 10.)

Plaintiffs claim that Defendants violated their First Amendment rights by silencing their

speech. Specifically, Plaintiffs assert:

For these reasons, Plaintiffs seek a declaration from this Court that

Scott Wilson’s behavior of silencing the Plaintiffs based in the

viewpoint expressed violated the First Amendment to the United

States Constitution and the Louisiana State Constitution. To enforce

these rights afforded by the United States Constitution, Plaintiffs

bring this action, pursuant to 42 U.S.C. § 1983, for declaratory relief

against Scott Wilson’s viewpoint discrimination. Plaintiffs also seek

to recover all their attorneys’ fees, costs and expenses incurred in

this action and any other relief that this Court may order. They are

not seeking money damages.

(FAC J 12, Doc. 2 (emphasis added).) Plaintiffs also seek no damages in their prayer for relief:

VIL PRAYER FOR RELIEF

THEREFORE, Plaintiffs respectfully request that this Court enter

the following relief:

A. Enter a declaratory judgment, specifying Defendants’

constitutional violations and declaring the rights of the Plaintiffs;

B. Enter a declaratory judgment, pursuant to 28 U.S.C. § 2201,

declaring that Scott Wilson’s removal of Plaintiffs was

unconstitutional and in violation of 42 U.S.C. § 1983.

C. Award Plaintiffs their costs and reasonable attorneys’ fees

incurred in this action, pursuant to 42 U.S.C. § 12205, 42 U.S.C. §

1988, 28 C.F.R. § 35.175, and 29 U.S.C. § 794a(b);

D. Order such other and further relief, at law or in equity, to which

Plaintiffs may be justly entitled.

(FAC, Doc. 2 at 23.)

The Uniform Pretrial Order (“PTO”) captures the heart of the instant motion. Specifically,

the PTO contains the following statement from the parties:

This matter is designated as a jury trial. Plaintiffs contest this designation, as they

did not request a jury trial, nor do Defendants have any right to a jury trial.

Defendants requested a jury trial, to which they have a right.

(PTO, Doc. 11 at 15.)

I. Parties’ Arguments

Plaintiffs move to strike the demand for a jury trial which was made by Defendants in their

pretrial order. Plaintiffs argue that Defendants have no right to a trial by jury. Plaintiffs identify

a two-part test to determine if a jury right attaches, the second prong of which requires the Court

to “examine the remedy sought and determine whether it is legal or equitable in nature.” (Doc. 32-

1 at 3 (citing Chauffers, Teamsters & Helpers, Local No. 391 v. Terry, 494 U.S. 558, 565 (1990)).)

According to Plaintiffs, “a remedy is legal if it is for monetary damages, and not otherwise.” □□□□

(citing Curtis v. Loether, 415 U.S. 189, 196 (1974)).) If the remedy is equitable and not legal,

there is no right to a jury trial. Here, Plaintiffs specifically state in their operative complaint that

they are not seeking monetary damages, so there is no right to a trial by jury arising from Plaintiffs’

request for declaratory relief.

Defendants respond first by essentially repeating the two-part test cited by Plaintiffs.

However, Defendants focus their efforts on City of Monterey v. Del Monte Dunes at Monterey,

Ltd., 526 U.S. 687 (1999), where the Supreme Court allegedly held that the right to trial by jury

attaches to § 1983 actions and analogized these cases to tort suits. Defendants maintain that this

case requires the resolution of factual and legal issues. Further, Plaintiffs specifically reserved

their right to other relief available “at law or in equity” to which they may be justly entitled. Intent

is critical here, and that requires the resolution of credibility and facts which are more appropriate

for a jury. Equally important, Defendants have asserted qualified immunity, and that must be

determined by the jury. The fact that Plaintiffs asserted a claim for declaratory relief is irrelevant,

as declaratory actions are neither equitable nor legal. Defendants close by attempting to

distinguish Plaintiffs’ cases and by arguing that they told Plaintiffs that they would seek a jury.

Plaintiffs reply: “Defendants get the right-to-a-jury analysis completely wrong.” (Doc. 36-

1.) Plaintiffs point to the text of the Seventh Amendment and argue that they seek no monetary

relief at all. Thus, there is no right to trial by jury. Further, Plaintiffs assert that Defendants point

to no case which stands for the proposition that there is a right to trial by jury in a § 1983

declaratory relief case. Plaintiffs close by saying that Defendants argue non-sequiturs: (1)

credibility and factual disputes are not controlling; the nature of the relief sought is; and (2)

qualified immunity is immunity from damages, not declaratory relief.

Hil. Analysis

A. Right to Jury Trial Generally

Federal Rule of Civil Procedure 38 provides in relevant part: “The right of trial by jury as

declared by the Seventh Amendment to the Constitution--or as provided by a federal statute--is

preserved to the parties inviolate.” Fed. R. Civ. P. 38(a). Rule 39 then states:

When a jury trial has been demanded under Rule 38, the action must

be designated on the docket as a jury action. The trial on all issues

so demanded must be by jury unless:

(1) the parties or their attorneys file a stipulation to a nonyury trial

or so stipulate on the record; or

(2) the court, on motion or on its own, finds that on some or all of

those issues there is no federal right to a jury trial.

Fed. R. Civ. P. 39(a) (emphasis added).

Here, Defendants allege a federal right to a jury trial under the Seventh Amendment, which

provides: “In Suits at common law, where the value in controversy shall exceed twenty dollars,

the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-

examined in any Court of the United States, than according to the rules of the common law.” U.S.

Const. amend. VII.

“The Seventh Amendment provides for the right to a jury trial mn cases that are legal in

nature, but not for those which are equitable in nature.” City of El Paso, Tex. v. El Paso Entm't,

Inc., 464 F. App’x 366, 370 (Sth Cir. 2012) (per curiam) (citing Ross v. Bernhard, 396 U.S. 531,

533 (1970)). “If a statute does not expressly grant the right to a jury trial, then a court ‘must

examine both the nature of the action and of the remedy sought. First, [it must] compare the

statutory action to 18th-century actions brought in the courts of England prior to the merger of the

courts of law and equity. .. . Second, [it must] examine the remedy sought and determine whether

it is legal or equitable in nature.’ ” /d. (quoting Tull v. United States, 481 U.S. 412, 417-18 (1987)).

B. Right to Jury Trials for Actions Seeking Declaratory Relief

“ “TA]|n action for declaratory relief can be either legal or equitable, depending upon

whether the action is simply an inverted lawsuit for legal relief or the counterpart of a suit in

equity.” ” City of El Paso, 464 F. App'x at 370 (citing Terrell v. DeConna, 877 F.2d 1267, 1273

(Sth Cir. 1989)). As one treatise explained:

A declaratory judgment is neither a legal nor an equitable remedy.

[9 C. Wright & A. Miller, Federal Practice and Procedure § 2313

(1995).] Whether a right to trial by jury exists when a declaratory

judgment is sought in federal court depends on whether the claim

asserted is a counterpart to a suit in equity or to an action at

law.[(citations omitted).] As a leading authority states:

If there would have been a right to jury trial on the issue if it

had arisen in an action other than for a declaratory judgment,

it must be tried to a jury in the declaratory action. There is

no right to trial by jury if, absent the declaratory procedure,

the issue would have arisen in an equitable proceeding.

[Wright and Miller, supra, § 2313 at 110 (footnotes

omitted). ]

In Northgate Homes Inc. v. City of Dayton, [126 F.3d 1095 (8th Cir.

1997)] the Eighth Circuit in a § 1983 action provided a valuable

analysis of the right to a jury trial when declaratory relief is sought.

The court stated:

Although the declaratory judgment procedure largely

originated in equity, declaratory relief per se is neither legal

nor equitable. The fact that a declaratory judgment is sought

neither restricts nor enlarges any right to a jury trial that

would exist if the issue were to arise in a more traditional

kind of action for affirmative relief. To determine whether

there is a right to a jury trial in a declaratory judgment action,

it is necessary first to determine the nature of the action in

which the issue would have arisen absent the declaratory

judgment procedure. In other words, if there would have

been a right to a jury trial on the issue had it arisen in action

other than one for declaratory judgment, then there is a right

to a jury trial in the declaratory judgment action; conversely,

there is no right to a trial by jury if, absent the declaratory

judgment procedure, the issue would have arisen in an

equitable proceeding.

[Northgate Homes, 126 F.3d at 1099.]

Martin A. Schwartz, Section 1983 Litigation Claims and Defenses § 16.02[E] (4th ed. 2019).

C. Analysis

Having carefully considered the law and facts in the record, and applying the above legal

framework, the Court finds that, regardless of whether Plaintiffs’ relief is characterized as

equitable or legal, the Defendant is not entitled to a jury trial. If the relief is equitable, then there

is no right to a jury trial under the Seventh Amendment in a § 1983 action. See Harkless v. Sweeny

Independent School District, 427 F.2d 319, 323-24 (Sth Cir. 1970) (finding that district court

committed reversable error by trying an equitable claim for back pay to a jury); see also Schwartz,

supra, § 16.02[D] (“The Seventh Amendment does not guarantee a jury trial in a federal court §

1983 action solely for equitable relief” like injunctions. (citations omitted)). This does not seem

to be seriously disputed.

However, the Court also finds that, even if the Plaintiffs claim for declaratory relief could

be characterized as a claim at law, there would still be no right to a jury trial. Again, the Seventh

Amendment states in relevant part: “In Suits at common law, where the value in controversy shall

exceed twenty dollars, the right of trial by jury shall be preserved[.]” U.S. Const. amend. VII

(emphasis added). Here, as Plaintiffs argue, they seek no damages for the violation of their

rights—not even nominal damages. (FAC § 12, Doc. 2; see also id. at 23 (Prayer for Relief).) As

the above treatise explains:

There is a right to trial by jury in federal court § 1983 actions when

a claim is asserted in excess of $20 for compensatory or punitive

damages. [(citing, inter alia, City of Monterey v. Del Monte Dunes,

526 U.S. 687 (1999))] Because the Seventh Amendment applies to

claims in excess of $20, if the allegations of a plaintiff's complaint

entitle the plaintiff “to no more than nominal damages, the seventh

amendment will not be applicable because of an insufficient amount

in controversy.” [Burt v. Abel, 585 F.2d 613, 616 n.7 (4th Cir.

1978).]

Schwartz, supra, § 16.02[C].

Similarly, the Court finds particularly persuasive the case of Robinson v. Larson, No. 13-

387, 2018 WL 6028819, at *2 (N.D. Fla. Oct. 17, 2018), report and recommendation adopted,

2018 WL 6025854 (N.D. Fla. Nov. 16, 2018). There, the magistrate judge recommended that the

district court grant the defendants’ motion to withdraw a jury demand. After noting that it

previously found that plaintiff was only entitled to recover nominal damages, the magistrate judge

explained:

Here, plaintiff is not entitled to a jury trial because his potential

recovery cannot exceed the $20 threshold set by the Seventh

Amendment. Nominal damages are “a trivial sum awarded for

symbolic, rather than compensatory, purposes[.]” Flanigan's

Enters., Inc. of Ga. v. City of Sandy Springs, Ga., 868 F.3d 1248,

1268 (11th Cir. 2017); see also Cummings v. Connell, 402 F.3d 936,

943 (9th Cir. 2005) (“Nominal damages, as the term implies, are in

name only and customarily are defined as a mere token or ‘trifling.’

”»); Utah Animal Rights Coal. v. Salt Lake City Corp., 371 F.3d 1248,

1262-71 (10th Cir. 2004) (McConnell, J., concurring) (“Nominal

damage awards serve essentially the same function as declaratory

judgments; indeed, scholars tell us that nominal damages were

originally sought as a means of obtaining declaratory relief before

passage of declaratory judgment statutes.”) (citations omitted).

Both § 1983 caselaw and the Eleventh Circuit pattern jury

instructions governing plaintiffs claim indicate the appropriate

measure of nominal damages is $1.00. See Carey v. Piphus, 435

U.S. 247, 266-67 (1978) (holding if plaintiffs were entitled to

nominal damages for a procedural due process violation, the

damages should not exceed one dollar); Corpus v. Bennett, 430 F.3d

912, 916 (8th Cir. 2005) (“one dollar is recognized as an appropriate

value for nominal damages”); Whitfield v. Thompson, 165 F. Supp.

3d 1227, 1238 n.4 (S.D. Fla. 2016) (noting “nominal damages do

not generally exceed one dollar”); Eleventh Circuit Pattern Jury

Instructions (Civil Cases) Civil Right Constitutional Claims

Instruction 5.13 (“If [name of plaintiff] has failed to prove that

[he/she] suffered more than a minimal physical injury, then you

must award nominal damages of $1.00.”).

Other courts addressing the argument raised by defendants have

concluded a plaintiff limited to recovering nominal damages is not

entitled to a jury trial. See Van Wie v. Pataki, 267 F.3d 109, 115 n.4

(2d Cir. 2001) (“We additionally note generally that in nominal

damages cases, when such damage requests are below twenty

dollars, there is no right to a jury trial.”); Burt v. Abel, 585 F.2d 613,

616 n.7 (4th Cir. 1978) (if plaintiff's claims “entitle him to no more

than nominal damages, the seventh amendment will not be

applicable because of an insufficient amount in controversy”);

Gonzalez v. Joey, CIV No. 12-834 RB/GBW, 2015 WL 13665476

(D.N.M. Feb. 6, 2015) (finding “Plaintiff not entitled to a jury trial

because he cannot receive compensatory or punitive damages” and

“his sole available remedy is for injunctive relief or nominal

damages”) Report and Recommendation adopted by 2015 WL

13665477 (D.N.M. Feb. 27, 2015); Shabazz v. Norris,

5:03CV00401-WRW/BD, 2007 WL 2819517 (E.D. Ark. Sept. 26,

2007) (“The Eighth Circuit has ruled that a prevailing plaintiff does

not have a right to a jury trial solely on the issue of nominal

damages.”’) (citations omitted); Wigg v. Sioux Falls Sch. Dist. 49-5,

274 F. Supp. 2d 1084 (D.S.D. 2003) (‘Plaintiff is not entitled to a

Jury trial in this matter because if she prevails, her nominal damages

award will be $1.00, which does not exceed the twenty dollar

threshold required by the Seventh Amendment.”), rev'd in part on

other grounds, 382 F.3d 807 (8th Cir. 2004).

Robinson, 2018 WL 6028819, at *1—2.

The same reasoning applies here. Even if Plaintiffs declaratory relief could be considered

an action at law, any damages would be, at most, nominal, and such damages generally do not

exceed the jurisdictional threshold for a jury demand under the Seventh Amendment. Indeed, this

reasoning applies with even greater force here, as Plaintiffs do not even seek nominal damages;

they seek no damages. For these reasons, the Court will grant Plaintiffs’ motion.

D. Defendants’ Arguments Fail

Defendants’ other arguments are unavailing. They cite Heaney v. Roberts, 846 F.3d 795,

802 (Sth Cir. 2017) for the proposition that qualified immunity is a jury question, but this case

involved the granting of a summary judgment in a suit for damages. It did not involve the specific

question raised by this motion. In any event, Plaintiffs appear correct that qualified immunity is

only a defense in claims for damages and would thus not be applicable here. See Harlow vy.

Fitzgerald, 457 U.S. 800, 818 (1982) (“We therefore hold that government officials performing

discretionary functions generally are shielded from liability for civil damages insofar as their

conduct does not violate clearly established statutory or constitutional rights of which a reasonable

person would have known.” (emphasis added)); Behrens v. Pelletier, 516 U.S. 299, 312 (1996)

(“The Harlow right to immunity is a right to immunity from certain claims, not from litigation in

general” (emphasis in original)); Scribner v. Linthicum, 232 F. App'x 395, 397 (Sth Cir. 2007) (per

curiam) (“Neither absolute nor qualified personal immunity extends to suits for injunctive or

declaratory relief under § 1983.” (quoting Chrissy F. by Medley v. Mississippi Dep't of Public

Welfare, 925 F.2d 844, 849 (Sth Cir. 1991)); Flagner v. Wilkinson, 241 F.3d 475, 483 (6th Cir.

2001) (“The defense of qualified immunity protects officials from individual liability for money

damages but not from declaratory or injunctive relief.” (citation omitted)); Jones v. Tyson Foods,

Inc., 971 F. Supp. 2d 648, 658 (N.D. Miss. 2013)(“qualified immunity only extends to the § 1983

claims for damages. . .. Thus, because the present motion requests dismissal on qualified immunity

grounds, Plaintiff's § 1983 claims for declaratory relief against these Defendants in their individual

capacities survive the present motion.”).

Plaintiffs are also correct that their request for “‘other relief” does not entitle Defendants to

ajury. In Thunderhorse v. Pierce, 364 F. App'x 141 (Sth Cir. 2010) (per curiam), the Fifth Circuit

found that Plaintiff had no right to a jury trial despite the fact that he demanded: “(1) declaratory

judgment, (2) injunctive relief, (3) costs of the suit, (4) attorney fees, and (5) other relief deemed

proper by the court.” Jd. at 148. Defendants’ emphasis that Thunderhorse involved equitable

remedies ignores their own argument that “other relief” somehow creates issues for the jury where

there otherwise is none.

Defendants’ reliance on City of Monterey is also misplaced. There, the Supreme Court

held “that a § 1983 suit seeking legal relief is an action at law within the meaning of the Seventh

Amendment.” City of Monterey, 526 U.S. at 709. The Supreme Court also held that “the issue [of]

whether a landowner has been deprived of all economically viable use of his property is a

predominantly factual question” and that “in actions at law otherwise within the purview of the

Seventh Amendment, this question 1s for the jury.” Id., 526 U.S. at 720-21 (emphasis added). Thus,

the Seventh Amendment’s amount in controversy requirement was never at issue in City of

Monterey, particularly since the damage award exceeded one million dollars. Id., 526 U.S. at 701.

Further, to the extent the amount in controversy requirement was referenced at all (which is

doubtful), the majority opinion recognized that § 1983 action is triable by jury only if it is

“otherwise within the purview of the Seventh Amendment”—1.e., the $20 amount in controversy

requirement is met. Thus, City of Monterey does not entitle Defendants to relief.

Lastly, Defendants urge the need for credibility determinations and the resolution of factual

10

disputes, but the Court agrees with Plaintiffs that the key is the nature of the relief sought. Here,

under the above framework, regardless of whether Plaintiffs’ claim for declaratory relief would be

considered equitable or legal, Defendants are not entitled to a jury.

IV. Conclusion

For all these reasons,

IT IS ORDERED that the Motion to Strike Defendants’ Jury Demand (Doc. 32) filed by

Plaintiffs is GRANTED and that this matter will be tried before the district judge.

Signed in Baton Rouge, Louisiana, on July 31, 2019.

ost

JUDGE JOHN W. deGRAVELLES

UNITED STATES DISTRICT COURT

MIDDLE DISTRICT OF LOUISIANA

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