Debbie Floyd v. Larry Laws, and City of Sherwood, a Municipal Corporation

Debbie Floyd and her three children sued Police Chief Larry Laws and the City of Sherwood in federal district court for $250,-000 in damages under 42 U.S.C. § 1983 . Floyd also filed pendent state tort actions for assault, battery, false arrest, and intentional infliction of mental distress. Floyd raises four issues on appeal, alleging that the trial court, Judge O’Scannlain sitting for Judge Marsh, abused its discretion by (1) issuing a jury instruction on qualified immunity, (2) misstating the law of qualified immunity in its charge to the jury, (3) declaring Floyd’s special verdict award of $7,500 to be surplusage, and (4) refusing to enter judgment in her favor and refusing to award her $1.00 in nominal damages. We AFFIRM, in part, and REVERSE and REMAND, in part.

FACTUAL AND PROCEDURAL BACKGROUND

On December 30, 1986, Floyd was at home babysitting five children, including her two-year-old stepdaughter Crystal. Her husband, Larry Floyd, was away at work. Acting on a complaint from Kimberly Floyd, Crystal’s biological mother, Chief Laws went to Larry’s home to find out why he had not returned his daughter as scheduled. Although Larry had visitation privileges, his ex-wife…