William H. Traver v. David Meshriy

Traver filed this action in federal district court against the Bank of America and two of its employees for their actions on April 15,1975, in one of the Bank’s San Francisco branch offices. The complaint alleged several causes of action, including: (1) deprivation of civil rights under 42 U.S.C. § 1983 ; (2) false imprisonment; (3) assault; (4) slander; and (5) intentional infliction of emotional distress. Jurisdiction was predicated on 28 U.S.C. §§ 1331 and 1343. The jury awarded Traver $4,500 in general damages and $52,500 in punitive damages. On appeal, the defendants contend that their actions were privileged, that insufficient evidence existed to support the verdict, and that the trial court erred in refusing to order a hearing to investigate possible juror misconduct.

We conclude that the pendent state claims were properly submitted to the jury and that the verdict is sustainable on the basis of those claims. We therefore affirm without addressing the question of whether recovery is sustainable on the federal claim.

The jury could have found the following facts on the evidence presented to it. William H. Traver collects antique American clocks. Having learned that a clock…