Beitman v. Correct Clear Solutions et al

Filing 326

ORDER that Plaintiff's Motion for New Trial (Doc. 318 ) is DENIED. See the attached order for additional information. Signed by Senior Judge James A. Teilborg on 5/26/2021. (RMW)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Lee Michael Beitman,

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Plaintiff,

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ORDER

v.

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No. CV-17-03829-PHX-JAT

Correct Clear Solutions, et al.,

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Defendants.

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Before the Court is Plaintiff’s Motion for New Trial (Doc. 318). Defendants

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responded (Docs. 320, 321) and Plaintiff replied (Docs. 324, 325). The Court now rules.

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I.

BACKGROUND

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Plaintiff Lee Michael Beitman who is held by the Arizona Department of

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Corrections, brought this civil rights action under 42 U.S.C. § 1983 against Defendants.

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(Doc. 7). After a three-day trial, the Court granted Defendants’ Rule 50 motion regarding

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Defendant Charles Ryan and the jury returned a verdict in favor of Defendants Correct

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Care Solutions, Martin Gruenburg, and Corizon Health, Inc. (Doc. 301). The Court then

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made findings of fact and conclusions of law in which it ordered judgment be entered in

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favor of Defendant David Shinn. (Doc. 316). The Clerk of Court entered Judgment in favor

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of Defendants on March 22, 2021. (Doc. 317).

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Following the entry of judgment, Plaintiff submitted the instant Motion for New

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Trial (Doc. 318). Defendants responded (Docs. 320, 321) and Plaintiff replied (Docs. 324,

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325).

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II.

LEGAL STANDARD

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A motion for new trial under Rule 59(a) may be granted “after a jury trial, for any

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reason for which a new trial has heretofore been granted” in federal court. Fed. R. Civ. P.

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59(a)(1)(A). Reasons for granting a new trial may include a verdict that is contrary to the

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weight of the evidence or a trial that was manifestly unjust to the nonmoving party. Molski

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v. M.J. Cable, Inc., 481 F.3d 724, 729 (9th Cir. 2007). Unlike with a Rule 50 motion, the

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Court may make determinations as to the weight of the evidence and credibility of

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witnesses when determining whether a new trial is warranted. See Kode v. Carlson, 596

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F.3d 608, 612 (9th Cir. 2010); United States v. A. Lanoy Alston, D.M.D., P.C., 974 F.2d

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1206, 1211 (9th Cir. 1992). Motions for new trial should generally not be granted if there

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was “some ‘reasonable basis’ for the jury’s verdict.” Hung Lam v. City of San Jose, 869

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F.3d 1077, 1084 (9th Cir. 2017) (quoting Molski, 481 F.3d at 729).

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III.

ANALYSIS

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Plaintiff argues that he is entitled to a new trial because counsel for Defendants

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improperly questioned Plaintiff about the charges for which he was incarcerated, because

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Defendant Charles Ryan testified about the classification system for different prisons in

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Arizona, and because the jury did not properly consider the evidence in the case. (Doc.

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318). The Court will address each argument in turn.

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A.

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Plaintiff argues that he is entitled to a new trial because counsel for Defendants

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improperly questioned him about the charges for which he was incarcerated. (Id. at 2–3).

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As noted by Plaintiff, counsel for Defendants asked Plaintiff about his charges twice, and

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in both instances Plaintiff’s counsel made an objection which the Court sustained. (Id.).

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Thus, the jury did not hear any improper evidence or testimony regarding Plaintiff’s

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charges as a result of the questions at issue. Because the Court sustained Plaintiff’s

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objections and the jury did not hear testimony regarding Plaintiff’s charges, Defense

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counsel’s questions do not constitute reasons for granting a new trial. See Ostling v. City

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of Bainbridge Island, No. 11-CV-5219 RBL, 2012 WL 4480547, at *4 (W.D. Wash. Sept.

Questions Regarding Plaintiff’s Charges

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28, 2012) (holding that inappropriate statements by counsel did not constitute reasons for

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new trial, in part, because objections to the questions were sustained); McCloudy v. Cent.

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California Found. For Health, No. CV 09-5229-GW(AJWX), 2011 WL 13213810, at *2

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(C.D. Cal. May 23, 2011) (denying motion for new trial, in part, because objections to

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allegedly

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CV033254GAFRNBX, 2010 WL 11515467, at *2 n.2 (C.D. Cal. Aug. 2, 2010) (holding

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that improper questions from counsel could not support grant of Rule 59 motion because

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objections to questions were sustained).

improper

questions

were

sustained);

Versace

v.

Awada,

No.

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Plaintiff additionally contends that, even though the objections to the questions at

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issue were sustained, the jury was likely to have looked up Plaintiff’s charges online after

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the questions were asked due to their “prejudicial and inflammatory” nature. (Doc. 318 at

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3–4). Plaintiff, however, admits that the Court “gave a curative jury instruction not to

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investigate online.” (Id. at 3). The Ninth Circuit has held that courts “must assume that a

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jury follows any curative instruction.” United States v. Minjarez, 495 F. App’x 857, 858

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(9th Cir. 2012) (citing United States v. Johnson, 618 F.2d 60, 62 (9th Cir. 1980)). Thus,

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Plaintiff’s unsupported argument that the jury did not follow the Court’s instructions to not

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investigate Plaintiff online does not constitute a reason to grant a new trial.

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B.

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Plaintiff next asserts that he is entitled to a new trial because testimony elicited from

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Defendant Charles Ryan improperly tainted the jury. (Doc. 318 at 3–4). During his

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testimony, Defendant Ryan discussed the classification system for prisons in Arizona. (See

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Doc. 313 at 46–52). Plaintiff argues that this discussion of the prison classification system,

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along with the knowledge of the prisons that housed Plaintiff and his classification,

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improperly revealed the nature of Plaintiff’s charges to the jury. (See Doc. 318 at 3).

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Defendant Ryan, however, never stated what Plaintiff’s charges were, what units Plaintiff

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was housed in, or that Plaintiff was housed in a prison suited to his specific charges. (See

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Doc. 313 at 46–52). Defendant Ryan’s testimony—to which Plaintiff did not object—

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consisted of general background on the prison classification system for numerous types of

Charles Ryan’s Testimony

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offenders, rather than singling out Plaintiff or his charges for the jury. (See id.). Such

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testimony was not improper and does not constitute a reason to grant a new trial.

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C.

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Plaintiff’s final argument is that he is entitled to a new trial because the jury did not

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properly consider the evidence because they were “prejudicial toward the Plaintiff.” (Doc.

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318 at 4–6). Plaintiff asserts that this prejudice was clear because the jury deliberated for

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approximately 30 minutes, because Defendant Martin Gruenberg “was impaired during his

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testimony,” and because “at least one of the jurors fell asleep during the trial.” (Id.).

Jury’s Consideration of the Evidence

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To begin, “the fact that the jury remained out only a short time before bringing in

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their verdict is not of itself ground for a new trial in the absence of coercion or of

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circumstances

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1:02CV06529LJOGSAPC, 2009 WL 57637, at *9 (E.D. Cal. Jan. 9, 2009) (collecting

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cases); Sussel v. Wynne, No. 05-00444 ACKKSC, 2007 WL 106536, at *8 (D. Haw. Jan.

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8, 2007), aff’d, 283 F. App’x 571 (9th Cir. 2008) (holding that a relatively short

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deliberation period does not indicate misconduct or provide grounds for a new trial); United

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States v. Rodrigues, No. CR 01-00078 DAE, 2003 WL 27381632, at *24 (D. Haw. Jan. 31,

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2003) (finding no misconduct in connection with relatively short jury deliberations).

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Plaintiff contends that the jury was prejudiced against him due to his criminal charges, but

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as discussed supra, the jury was never made aware of these charges and was instructed by

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the Court to not investigate Plaintiff’s charges. (See supra Sections III.A, III.B). Plaintiff

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presents no other arguments of coercion, passion, or prejudice by the jury, so the Court

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finds that the length of the jury’s deliberations does not constitute a reason to grant a new

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trial.

evincing

passion

or

prejudice.”

Harnden

v.

Key,

No.

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Next, regarding the alleged impairment of Defendant Martin Gruenberg, Plaintiff

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seems to assert that no reasonable jury would have believed Defendant Gruenberg’s

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testimony that Plaintiff was properly treated after his facial injury. (See Doc. 318 at 5). The

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Ninth Circuit, however, holds that, “[c]redibility findings are entrusted to the jury.” United

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States v. Leung, 35 F.3d 1402, 1405 (9th Cir. 1994). Thus, if the jury found Defendant

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Gruenberg to be credible, because that finding was reasonable and supported by the

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evidence, it is not the Court’s role to upend the jury’s finding. See United States v.

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Fredericks, 145 F.3d 1342 (9th Cir. 1998) (holding that a court did not abuse its discretion

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in denying a motion for new trial after deferring to a jury’s apparent determination of a

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witness’s credibility). Even if Defendant Gruenberg’s testimony was not credible, there

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was ample other evidence for the jury to base its ruling on such that the credibility of

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Defendant Gruenberg’s testimony does not constitute a reason to grant a new trial. See

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Oliverez v. Albitre, No. 109CV00352LJOSKOPC, 2014 WL 12766514, at *1 (E.D. Cal.

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Mar. 26, 2014) (holding that a jury’s verdict should not be overturned as there was

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sufficient evidence to support it).

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Finally, there is no record evidence that any of the jurors fell asleep during the trial.

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The Court did not observe any jurors sleeping nor did any of the parties raise concerns or

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objections regarding a juror sleeping during trial. Further, Plaintiff has presented no

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evidence to substantiate his claim that a juror fell asleep during trial. (See Docs. 318, 324,

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325).

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Further, even if a juror was sleeping, to warrant a new trial, the effect of the sleeping

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juror must have “prejudiced [Plaintiff] to the extent that he has not received a fair trial.”

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United States v. Hendrix, 549 F.2d 1225, 1229 (9th Cir. 1977). “Generally, new trials have

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not been granted for a sleeping juror when only “general assertion[s] that jurors slept

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through [critical] parts” of the trial have been made.” Jackson v. A-C Prod. Liab. Tr., 622

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F. Supp. 2d 641, 648–49 (N.D. Ohio 2009) (quoting United States v. Tierney, 947 F.2d

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854, 868–69 (8th Cir. 1991)). Plaintiff’s assertion that a juror was sleeping at trial consists

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of one sentence at the end of his Motion for New Trial and a single paragraph in his replies

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with no explanation of how he was prejudiced by the allegedly sleeping juror beyond

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saying she was unconcerned with the facts or trial. (Doc. 318 at 6). The Court, however,

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observed that the jurors were attentive and engaged, and neither party made any mention

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of the allegedly sleeping juror at trial. Thus, even if a juror fell asleep during the trial,

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Plaintiff is not entitled to a new trial as he has failed to show any prejudice resulting from

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a single instance of one juror falling asleep for an unknown portion of the trial. See

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Jackson., 622 F. Supp. 2d at 649 (holding that a party was not entitled to a new trial because

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he had not shown prejudice from a juror allegedly falling asleep at trial); see also Idom v.

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Natchez-Adams Sch. Dist., 178 F. Supp. 3d 426, 436 (S.D. Miss. 2016) (holding that a party

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was not entitled to a new trial based on a juror sleeping through portions of the trial because

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no objection was raised at trial).

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IV.

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CONCLUSION
The Court finds that the verdict was not against the weight of the evidence and

Plaintiff has failed to show that he is entitled to a new trial. Accordingly,

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IT IS ORDERED that Plaintiff’s Motion for New Trial (Doc. 318) is DENIED.

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Dated this 26th day of May, 2021.

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