United States Sixth Circuit

In plaintiff's 42 U.S.C. section 1983 suit for violation of her Fourth Amendment rights against unreasonable searches and seizures, and a state law claim for libel and slander, a jury verdict in favor of the plaintiff on the Fourth Amendment claim and an award of $100,000 in compensatory damages is affirmed where: 1) the district court was correct to deny defendant's motion for judgment as a matter of law, because a jury could reasonably determine that the affidavit - mentioning no specific crimes thought probably committed, making no link between plaintiff's residence and any crime, yet seeking broad authority for a search of plaintiff's entire residence for any document pertaining to plaintiff - was so lacking in indicia of probable cause to render defendant's belief in its existence objectively unreasonable; 2) district court did not err in denying defendant's motion for remittitur of the jury's verdict; and 3) district court did not abuse its discretion in its award of attorney's fees to plaintiff.

Appellate Information

• Argued 10/12/2010
• Decided 11/12/2010
• Published 11/12/2010

Judges

• MERRITT

Court

• United States Sixth Circuit

Counsel

• For Appellant:
  
• Sheri L. Whyte, James Clark Cobb, Jr.