Combs v. Kennedy

* 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opinion should not be published and is not precedent except under the limited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.
United States Court of Appeals
Fifth Circuit
F I L E D
June 1, 2005
Charles R. Fulbruge III
Clerk
UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
_______________________
No. 04-60067
_______________________
STEPHEN MICHAEL COMBS,
Plaintiff-Appellee,
versus
JAMES HOLMAN, ETC.; ET AL.,
Defendants,
NORRIS W. KENNEDY, Officially and Individually,
Defendant-Appellant.
Appeal from the United States District Court
for the Southern District of Mississippi
3:00-CV-36-L-N
Before JONES, WIENER, and CLEMENT, Circuit Judges.
PER CURIAM:*
On this appeal following a bench trial, we review the
district court’s findings of fact, including whether an officer has
acted with deliberate indifference, under a clearly erroneous
standard. Gates v. Cook, 376 F.3d 323, 333 (5th Cir. 2004). The
district court’s findings of fact will not be disturbed unless,
after reviewing the entire record, this court is “left with the
definite and firm conviction that a mistake has been committed.”

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Rodriguez v. Bexar County, Texas, 385 F.3d 853, 860 (5th Cir. 2004)
(quoting Anderson v. City of Bessemer City, 470 U.S. 564, 573
(1985)). Once the facts are established, the question whether the
facts found by the district court constitute a constitutional
violation is reviewed de novo. Gates, 376 F.3d at 333. After
reviewing the full record, the district court opinion and briefs,
and hearing oral argument, we find no reversible error as to the
factual findings and liability holding against Norris Kennedy for
his conduct in this incident.
Kennedy also challenges the district court’s damages
award as duplicative. As damages constitute factual findings, we
review the damages award for clear error. Lebron v. United States,
279 F.3d 321, 325 (5th Cir. 2002). Damages awarded under 42 U.S.C.
§ 1983 are governed by common law tort principles. Sockwell v.
Phelps, 20 F.3d 187, 192 (5th Cir. 1994). Here, the district court
gave four specific awards: “(1) $25,000 for past and present
personal injuries; (2) $30,000 for past and present pain and
suffering; (3) $55,000 for past and present emotional damages; and
(4) $165,000 for permanent injury and future pain, suffering and
emotional damage.” Dist. Ct. Op. at 3. Although this award
appears inconsistent initially, it comports with the law. The
Supreme Court allows recovery for actual damages as well as mental
and emotional distress. See Memphis Community Sch. Dist. v.
Stachura, 477 U.S. 299, 306-07 (1986). The district court appa-
rently awarded the first category of damages to compensate Combs

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for his disfigurement, the second and third categories for, inter
alia, the pain and suffering and emotional damages suffered during
the incident, and the fourth category as a collective award for
future injury, medical expenses, pain and suffering, and emotional
damages. In light of the thorough factual findings by the district
court, this damages award is not clearly erroneous. The judgment
of the district court is AFFIRMED.

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