Filed: Jan. 31, 2002
Latest Update: Mar. 02, 2020
Summary: IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 01-30343 Summary Calendar LEMULUS CENA, Plaintiff-Appellant, versus DAVID HEDRICK, New Orleans Police Officer; SHAWN VINSON, New Orleans Police Officer, Defendants-Appellees. - Appeal from the United States District Court for the Eastern District of Louisiana USDC No. 99-CV-3545-G - January 30, 2002 Before DAVIS, BENAVIDES, and CLEMENT, Circuit Judges. PER CURIAM:* Lemulus Cena appeals the magistrate judge’s entry of judgment as a m
Summary: IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 01-30343 Summary Calendar LEMULUS CENA, Plaintiff-Appellant, versus DAVID HEDRICK, New Orleans Police Officer; SHAWN VINSON, New Orleans Police Officer, Defendants-Appellees. - Appeal from the United States District Court for the Eastern District of Louisiana USDC No. 99-CV-3545-G - January 30, 2002 Before DAVIS, BENAVIDES, and CLEMENT, Circuit Judges. PER CURIAM:* Lemulus Cena appeals the magistrate judge’s entry of judgment as a ma..
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IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 01-30343
Summary Calendar
LEMULUS CENA,
Plaintiff-Appellant,
versus
DAVID HEDRICK, New Orleans Police Officer;
SHAWN VINSON, New Orleans Police Officer,
Defendants-Appellees.
--------------------
Appeal from the United States District Court
for the Eastern District of Louisiana
USDC No. 99-CV-3545-G
--------------------
January 30, 2002
Before DAVIS, BENAVIDES, and CLEMENT, Circuit Judges.
PER CURIAM:*
Lemulus Cena appeals the magistrate judge’s entry of
judgment as a matter of law in favor of the defendants following
a jury trial in his 42 U.S.C. § 1983 action. He avers that the
jury responses to the interrogatories were inconsistent and
irreconcilable, thus precluding entry of judgment in favor of the
defendants.
Although the jury found that the defendants did not utilize
excessive force, were entitled to qualified immunity with regard
to Cena’s false-arrest claim, and were not liable under Louisiana
*
Pursuant to 5TH CIR. R. 47.5, the court has determined
that this opinion should not be published and is not precedent
except under the limited circumstances set forth in 5TH CIR.
R. 47.5.4.
No. 01-30343
-2-
law, it awarded compensatory damages. However, in the absence of
any liability on the part of the defendants, there can be no
award of damages. See Nimnicht v. Dick Evans, Inc.,
477 F.2d
133, 135 (5th Cir. 1973). The fact that the jury, in all
likelihood, simply erred in answering the damage interrogatory
does not call into question the validity of the answers to the
prerequisite liability questions which were answered in favor of
the defendants. See
id. Thus, the magistrate judge did not err
in entering judgment as a matter of law in favor of the
defendants. AFFIRMED.