By William Kaempffer
Published: Tuesday, February 6, 2007 3:00 AM EST
NEW HAVEN — A federal judge has reduced a $5 million jury award to a city police officer against his former chief and given him 30 days to decide whether to accept it.
Officer Arpad Tolnay still could walk away with about $1.5 million.
The decision handed down Monday by Senior U.S. District Judge Ellen Bree Burns determined that the $5 million in punitive damages awarded to Tolnay was "excessive" based on legal precedent.
"(I)t is vital that the court remember that the purpose of punitive damages is to punish the defendant and to deter him, and others similarly situated, from engaging in such reprehensible conduct in the future," Burns wrote. But in balance, she added, "the award must still be reasonable and rational."
Despite the multimillion-dollar reduction, the decision appears to be a best-case scenario, or close to it, for Tolnay, who now works as a school resource officer for the department.
In the 47-page ruling, Burns rejected efforts by attorneys for retired Chief Melvin H. Wearing to have the entire verdict vacated and a new trial ordered. Wearing was accused of violating Tolnay’s First Amendment rights and retaliating against him for speaking out against political interference in policing.
Wearing’s attorneys cited at least 11 errors made during the 2005 proceeding. Burns addressed, and rejected, each argument.
As for the award, it was expected that the $5 million in punitive damages, described at the time as one of the largest of its kind in state history, would be adjusted.
While there is no actual formula, punitive damages 10 times or greater the compensatory award typically are overturned. Tolnay’s punitive award was 33 times the compensatory.
Karen Torre, Tolnay’s attorney, said in a statement. "Like the jurors, the court saw the need to make a strong statement about this city administration’s pandering to political power brokers at the expense of public safety and integrity of law enforcement."
Burns upheld the jury’s $903.84 award for lost wages, $150,000 in compensatory damages and reduced the punitive amount to $1.35 million, which is nine times the compensatory. Attorney’s fees and interest could push the total to more than $2 million, Torre said.
If Tolnay rejects the amount, the case would be remanded for a new trial to establish new damages. Attorneys for Wearing also could appeal the decision.
Where the money will come from is another question. Since the verdict, the city has distanced itself from the case, saying it is not obligated to and will not indemnify Wearing for any punitive damages.
The corporation counsel’s office no longer represents Wearing, and Corporation Counsel Thomas Ude Jr. referred questions about Monday’s decision to Wearing’s private counsel, but phone calls were not returned.
The case dates from 2002, when Tolnay and another officer responded to a Fair Haven church on a noise complaint from a church revival and ended up arresting two Hispanic ministers, the Rev. Armando Hernandez and Daniel Rodriguez, who had been supporters of Mayor John DeStefano Jr.
The charges against the ministers were dropped before they ever went to court after Wearing visited a prosecutor, and DeStefano appeared at the church soon after and made a public apology to the congregation.
Tolnay received a 10-day suspension, a transfer to detention and mandatory sensitivity training after a heated meeting with Wearing when he complained that Rodriguez’s political connections interfered with his ability to equally enforce the law.
In the trial, the city claimed Tolnay was suspended for being insubordinate to the chief, but Torre maintained it was retribution. Burns made her position clear, describing the conduct of city officials as political trading of "selective law enforcement" in exchange for the support of the ministers and their "large voting population" of congregations.