United States v. Donald B. Duffy

Appellee, the United States, brought this action to recover civil penalties against appellant, Duffy, under the provisions of 49 U.S.C. § 1471 (a) and 14 C.F.R. § 121.317 (b). In challenging the district court’s judgment in favor of appellee for the sum of $500, appellant contends that the court below (1) improperly granted appellee’s motion for summary judgment on the issue of liability and (2) improperly denied appellant a jury trial on the issue of the amount of the penalty to be assessed.

Appellant’s own admissions unequivocally establish that he violated the particular regulation in question. As there was no material issue of fact left to be determined on the issue of liability, the district court properly granted summary judgment on that issue.

Relevant to appellant’s second assignment of error is 49 U.S.C. § 1473 (b)(1), which states that in a suit to recover a civil penalty under the Federal Aviation Act “either party may demand trial by jury of any issue of fact.” This court must decide whether the question of the amount of the civil penalty to be imposed is an issue of fact, as comprehended by the statute, to be determined by jury trial.

Although this issue has not…