Kerman v. City of New York

Robert Kerman (plaintiff) had a history of depression and mental illness. One day, Kerman telephoned his girlfriend and told her that he might buy a gun to kill his treating psychiatrist and then commit suicide. The girlfriend called 911. Several New York police officers, including officer-in-charge William Crossan (defendants) arrived at Kerman’s home. Kerman came out of the shower to answer the door, wearing only a towel. Kerman was immediately handcuffed by officers, who searched his home and found no gun. On Crossan’s orders, Kerman was placed in a “restraint bag” and taken to Bellevue Hospital, where he was detained overnight for psychiatric observation. Thereafter, Kerman sued the city (defendant), Crossan, and the other officers under 42 U.S.C. § 1983, alleging violations of his constitutional rights. Kerman claimed unlawful seizure and false imprisonment. The trial court dismissed Kerman’s claims as a matter of law on the ground that the officers had qualified immunity. Kerman appealed, and the case was reversed and remanded for a trial. On remand, a trial was held. The jury found that Crossan had detained Kerman without probable cause, thus violating Kerman’s right to be free of official restraint, and that Kerman suffered no actual damages, or no medical expenses, physical pain, or emotional distress. The court awarded Kerman nominal damages. The jury had not been instructed that Kerman was entitled to an award of compensatory damages for being deprived of his right to liberty. In a posttrial motion, the court ruled that Kerman was not entitled to a new trial on damages because Kerman had not suffered actual damages or a deprivation of liberty attributable to Crossan’s actions. Kerman appealed.