Smith v. City of Oakland

ORDER DENYING DEFENDANTS’ MOTION FOR JUDGMENT AS A MATTER OF LAW OR ALTERNATIVELY FOR NEW TRIAL (LIABILITY); AND GRANTING IN PART AND DENYING IN PART DEFENDANTS’ MOTION FOR NEW TRIAL AND REMITTITUR (DAMAGES); AND DENYING PLAINTIFFS’ MOTION TO STRIKE

In this case, after a vigorously contested trial, the jury concluded that Defendant Officers John Parkinson and Marcus Mi-dyett planted a semi-automatic rifle in Plaintiff Torry Smith’s residence in order to frame him. The jury rendered a verdict in favor of both Plaintiffs — Mr. Smith and his girlfriend Patricia Gray- — on all counts, finding that Defendants had violated Plaintiffs’ constitutional rights as well as their civil rights protected by state law. Having heard testimony as to the injuries suffered by Plaintiffs, including Mr. Smith’s wrongful incarceration for approximately Ah months, the jury awarded Plaintiffs a total of more than $6 million.

Currently pending before the Court are two post-trial motions, one focusing on liability and the other on damages, in which Defendants seek to overturn the jury’s verdict. Having considered the parties’ briefs and accompanying submissions, as well as the oral argument of counsel and…