Hyman v. Devlin, CIVIL ACTION NO. 3:17-89

ANGELA HYMAN, Plaintiff, v. BRYAN DEVLIN, Defendant.

CIVIL ACTION NO. 3:17-89

UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA

May 28, 2019

JUDGE KIM R. GIBSON

MEMORANDUM OPINION

I. Introduction

Before the Court are post-trial motions regarding a jury verdict rendered in this case on February 1, 2019. The jury ruled in Plaintiff Angela Hyman's favor—finding that Defendant Corporal Bryan Devlin violated her constitutional rights by aiding in the repossession of Hyman's vehicle. (ECF No. 143.) The jury awarded Hyman $5,000 in compensatory damages and $500,000 in punitive damages. (Id.)

After trial, Hyman filed a Motion for Attorney Fees and Costs. (ECF No. 145.) Defendant Bryan Devlin filed a Motion for Judgment as a Matter of Law, New Trial, and to Alter Judgment. (ECF No. 148.) These Motions are fully briefed (see ECF Nos. 146, 149, 154-55, 160) and are ripe for disposition. For the following reasons, Hyman's Motion for Attorney Fees and Costs is GRANTED and Devlin's Motion for Judgment as a Matter of Law, New Trial, and to Alter Judgment is GRANTED IN PART and DENIED IN PART.

II. Background

A. Factual History¹

1. Hyman Defaults on Her Loan

Hyman received a loan to finance the purchase of a new car. (ECF No. 93 ¶ 1; ECF No. 96 ¶ 1; ECF No. 152 at 13:25-14:12.) Hyman granted the lender, Capital One, a security interest in her car. (ECF No. 93 ¶ 3; ECF No. 96 ¶ 3; ECF No. 152 at 14:9.) The loan agreement gave Capital One the right to repossess Hyman's car if she defaulted on loan payments. (ECF No. 93 ¶ 3; ECF No. 96 ¶ 3.)

Hyman eventually fell behind on her monthly payments. (ECF No. 93 ¶ 4; ECF No. 96 ¶ 4; ECF No. 152 at 13:25-14:12.) Capital One sent Hyman a notice of default and advised her that if she failed to pay the amount due, it might repossess her car. (ECF No. 93 ¶¶ 7, 9; ECF No. 96 ¶¶ 7, 9.) Hyman submitted a loan modification request, which Capital One denied, instead deciding to exercise its right to repossess Hyman's car. (ECF No. 93 ¶ 16; ECF No. 96 ¶ 16.)

Capital One hired Jeff Brunner of Commonwealth Recovery Group to carry out the repossession. (ECF No. 93 ¶ 17; ECF No. 96 ¶ 17; ECF No. 152 at 101.)

2. Brunner Arrives to Repossess Hyman's Vehicle

Brunner arrived at Hyman's home on October 5, 2016, around 7:20 p.m. (ECF No. 93 ¶ 20; ECF No. 96 ¶ 20; ECF No. 152 at 104:5-19.) While the parties agree that Brunner ultimately repossessed Hyman's car, they disagree about when the repossession occurred. Devlin states thatBrunner immediately backed his tow truck into Hyman's driveway, hooked and strapped both sides of Hyman's car, and lifted the vehicle into the air without incident.² (ECF No. 93 ¶¶ 21-27; ECF No. 151 at 159:1-8.) Hyman and her wife, Shyree Johnson, on the other hand, assert that Brunner did not hook and lift her car until after the police arrived. (ECF No. 96 ¶¶ 22-23; ECF No. 152 at 17:20-18:3.)

Johnson exited the house and requested to remove items from the vehicle. (ECF No. 93 ¶¶ 10, 12; ECF No. 96 ¶¶ 10, 12; ECF No. 152 at 113:9-11.) Brunner helped her remove her items. (ECF No. 93 ¶¶ 28-29; ECF No. 96 ¶¶ 28-29; ECF No. 152 at 113:9-17.) Johnson brought the items inside the house and, shortly thereafter, returned to the vehicle, got into the driver's seat, locked the car door, and refused to exit. (ECF No. 93 ¶¶ 30-32; ECF No. 96 ¶¶ 30-32.) The parties dispute whether Johnson locked the doors from the inside or whether Hyman locked them remotely. (ECF No. 93 ¶ 32; ECF No. 96 ¶ 32.)

At this point, Hyman called her daughter, a law student, and asked her for advice about how to handle the situation. (ECF No. 96 ¶ 95; ECF No. 152 at 15:22.) Hyman claims that, on the advice of her daughter, she approached Brunner, informed him that he was trespassing, and demanded that he vacate her property. (ECF No. 96 ¶ 98; ECF No. 152 at 16:9-13.) Brunner denies that Hyman or Johnson told him he was trespassing or demanded that he leave the property. (ECF No. 98 ¶¶ 98-99; ECF No. 152 at 116:6-7.)

At this point, Brunner called the Pennsylvania State Police. (ECF No. 93 ¶ 35; ECF No. 96 ¶ 35; ECF No. 152 at 116:8-11.) Hyman also called the police, and reported that someone wastrying to take her car. (ECF No. 96 ¶¶ 102-04; ECF No. 98 ¶¶ 103-04; ECF No. 152 at 18:10-12.) Before the police arrived, Hyman stood in the doorway to her house and Johnson remained inside Hyman's vehicle. (ECF No. 93 ¶¶ 37, 41; ECF No. 96 ¶¶ 37, 41.)

3. The State Police Arrive

After approximately 20 minutes, Trooper Brian Black arrived. (ECF No. 93 ¶¶ 37-38; ECF No. 96 ¶¶ 37-38; ECF No. 151 at 6:8-19.) Black spoke with Brunner, who provided documentation of the repossession, and with Johnson, who refused to exit the vehicle. (ECF No. 93 ¶ 41; ECF No. 96 ¶ 41; ECF No. 151 at 9:2-23.) Black then approached Hyman and requested that she ask Johnson to exit the vehicle so he could talk to her. (ECF No. 93 ¶ 46; ECF No. 96 ¶ 46; ECF No. 151 at 14:3-6.) Hyman told Black that Johnson was her wife and refused to ask her to exit the car. (ECF No. 96 ¶ 112; ECF No. 98 ¶ 112.) Black returned to his cruiser and contacted Devlin. (ECF No. 93 ¶¶ 46-47; ECF No. 96 ¶¶ 46-47; ECF No. 151 at 16:5-8.) Black waited in his cruiser for Devlin to arrive. (ECF No. 93 ¶ 47; ECF No. 96 ¶ 47.)

Trooper Michael Morris arrived at the scene to assist Black. (ECF No. 93 ¶ 48; ECF No. 96 ¶ 48; ECF No. 151 at 17:6-11.) Morris attempted to speak with Johnson, but she did not respond. (ECF No. 93 ¶ 53; ECF No. 96 ¶ 53; ECF No. 151 at 17:10-12.) Morris then abandoned his efforts to speak with Johnson and waited for Devlin to arrive. (ECF No. 93 ¶ 54; ECF No. 96 ¶ 54.)

4. Corporal Devlin Intervenes

Devlin arrived with Trooper Elmer Hertzog. (ECF No. 93 ¶¶ 55-56; ECF No. 96 ¶¶ 55-56; ECF No. 151 at 71:21-24.) After arriving, Devlin "was briefed on the situation" and then attempted to speak to Hyman who handed Devlin a cellphone. (ECF No. 93 ¶ 61; ECF No. 96 ¶ 61; ECF No. 151 at 170:22-24.)

The parties dispute whether Devlin knew that Johnson was Hyman's wife and whether he understood that he was at the scene of a repossession. Black testified that, when he called the barracks and spoke with Devlin, he informed Devlin that he was at "the scene of a repo" and that the woman in the car was the owner of the vehicle. (ECF No. 97-5 at 30:12-31:02; ECF No. 151 at 17:24-25.) By contrast, Devlin testified that he believed he was responding to a scene of a disturbance with an unknown woman locked inside a car. (ECF No. 94-15 at 53:12-13; ECF No. 151 at 171:22-24.)

Devlin approached the car, still speaking to the woman on the phone. (ECF No. 93 at ¶ 64; ECF No. 96 at ¶ 64.) Cell phone video captures the interaction that ensued. (See ECF No. 94-16.) The Court notes that while Devlin was speaking on the phone to Hyman's daughter, the conversation was clearly audible to Johnson—whose cell phone video, taken from inside the car, recorded the conversation. (See id.) What is produced below is not an official transcription, but rather the Court's impression of what occurred based on its viewing of the cell phone video.

The woman on the phone informs Devlin that police may not enforce a civil contract or take sides in civil disputes. (Id. at 0:25.) Devlin responds, "[m]a'am, what's going to happen here today is that I've already spoken with the tower, they need to get the vehicle tonight, okay? If you're talking with the young lady in the car . . . would you please tell her to get out so these gentlemen can do their job?" (See id. at 0:45-1:05.)

The woman reiterates that the police may not assist in a civil repossession. (Id.) Devlin replies, "you can file a complaint on me later." (Id.) He continues, "[h]ere's what's going to happen. If she doesn't get out, we're going to break the window . . . she's going to be removed, she's going to be arrested for disorderly conduct, and the car is still going to get taken." (Id. at0:58-1:00.) After the woman on the phone reiterates that Devlin is breaking the law, Devlin repeats that she can file a complaint against him. (Id. at 1:55.)

Devlin asks the woman on the phone if she has told Johnson to get out of the car yet. (Id. at 2:07-2:10.) The woman responds that she has not spoken with Johnson but that Johnson will comply with Devlin's order. (Id. at 2:10-2:17.) Devlin tells the woman, "[y]ou call her, tell her to do that, and once she gets out, we'll be okay." (Id. at 2:20-2:27.)

After a few seconds, Devlin taps the window of the car and tells Johnson, "I'm not going to wait all day . . . you've got about 30 more seconds." Johnson responds, "[m]y lawyer's on the phone with the State Police." Devlin replies, "[y]ou've got 30 seconds to come out or we're breaking the window and coming in. How long have we been here dealing with this? . . . If you refuse to come out, we're going to have to remove you, and I do not want to have to do that over a repossessed vehicle." (Id. at 3:10-3:26.)

After Johnson failed to obey Devlin's order, Devlin taps on the window again and asks, "are you coming out? Your time is up . . . yes or no? Are you coming out?" At this point, Johnson complies with Devlin's order and exits the vehicle.

Devlin spent approximately 18 minutes at Hyman's residence. (ECF No. 93 ¶ 68; ECF No. 96 ¶ 68.) Devlin admits that he "did not witness any violence, property destruction, or threats." (ECF No. 93 at ¶ 129; ECF No. 151 at 173:20-22.)

Devlin and the other officers left Hyman's residence shortly after Johnson exited the vehicle. (ECF No. 93 ¶ 71; ECF No. 96 ¶ 71; ECF No. 151 at 53:19-20.) Hyman testified that, after Johnson left the car, Brunner attached the car to the tow truck, lifted it up from the rear end, and towed the car away. (ECF No. 97-2 at 80:21-81:10; ECF No. 152 at 32:15-25.) Devlin disputes thisaccount and states that Hyman's car had been hooked up before the police arrived at the scene. (ECF No. 98 ¶ 127; ECF No. 151 at 160:13-15.)

Devlin and the other officers present at Hyman's residence were...