Forrest Gray v. Cassie

Summary

The court denied plaintiff Forrest Gray’s motion to proceed with a bench trial in his 42 U.S.C. § 1983 civil rights action. The court held that defendant properly demanded a jury trial under the Seventh Amendment, Federal Rule of Civil Procedure 38, and the applicable local rule.

Holdings

1. A § 1983 action seeking legal relief is an action at law within the meaning of the Seventh Amendment, so a party is entitled to a jury trial upon a proper demand.
2. Defendant preserved the right to a jury trial by filing a timely jury demand in his answer and not withdrawing it; plaintiff's motion for a bench trial was therefore denied.

Questions Presented

1. Whether a defendant in a § 1983 action seeking legal relief has a Seventh Amendment right to a jury trial.
2. Whether defendant properly demanded a jury trial under Federal Rule of Civil Procedure 38 and Local Rule 201, thereby preventing plaintiff from obtaining a bench trial without defendant's consent.

Disposition

other