Frizzell v. Szabo

In action alleging false arrest and excessive force arising out of traffic stop for seat belt violation that eventually resulted on defendant-police officer tasering plaintiff five times and using pepper spray, Dist. Ct. did not err in submitting to jury nominal damages instruction where jury eventually found for plaintiff on excessive force claim, but awarded him only $1 in damages. While plaintiff argued that said instruction was improper where record showed that he was tasered five times, jury could have found that tasering of plaintiff was not excessive given plaintiff's resistance to defendant's order to stop, but that officer's subsequent actions in using pepper spray and jumping on plaintiff's chest was excessive, but caused little or no quantifiable injury or pain. Moreover, Dist. Ct.'s denial of plaintiff's attorney fees' petition was not improper where: (1) jury found in favor of defendant on false arrest claim; and (2) plaintiff received only nominal damages in spite of alleging that he sustained $160,000 in damages.