Pea v. Ponchatoula City et al

Filing 65

ORDER denying 62 Motion for New Trial. Signed by Judge Jay C. Zainey on 12/9/14. (jrc)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA
CLAUDE PEA

CIVIL ACTION

VERSUS

NO: 13-542

CITY OF PONCHATOULA & ROBERT
F. ZABBIA

SECTION: "A" (4)

ORDER AND REASONS
Before the Court is a Motion for New Trial (Rec. Doc. 62) filed by plaintiff,
Claude Pea. Defendants, the City of Ponchatoula and Robert F. Zabbia, oppose the motion.
The motion, noticed for submission on November 19, 2014, is before the Court on the briefs
without oral argument.
On September 15, 2014, the jury returned its verdict on plaintiff Claude Pea's suit
against his former employer, the City of Ponchatoula, and its mayor, Robert F. Zabbia. The
jury made two factual determinations that were the death knell of Pea's First Amendment
retaliation claims. First, the jury concluded that Pea was not terminated from his
employment. But even more importantly, even if he was terminated, the jury found that the
exercise of Pea's protected First Amendment rights was not a factor in the decision to
terminate him. (Rec. Doc. 59-2, Verdict Form at 1).
After a jury trial, the Court may grant a new trial where the evidence is against the
great weight of the evidence. Moore v. Omega Protein, Inc., 459 Fed. Appx. 339, 340 (5th
Cir. 2012) (unpublished); Fed. R. Civ. Pro. 59(a)(1)(A). The jury's determination that the
exercise of protected rights was not a substantial or motivating factor in the decision to
terminate Pea was not against the great weight of the evidence. Pea's evidence of retaliation

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was underwhelming, and the jury obviously found Zabbia to be a credible witness. Pea is not
entitled to a new trial.
Accordingly, and for the foregoing reasons;
IT IS ORDERED that the Motion for New Trial (Rec. Doc. 62) filed by
plaintiff, Claude Pea is DENIED.
December 9, 2014
JAY C. ZAINEY
UNITED STATES DISTRICT JUDGE

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