Miami Commissioner Joe Carollo denied new trial, reduction in damages on $63M verdict

A federal judge Tuesday denied Miami Commissioner Joe Carollo’s attempts to throw out or reduce the $63.5 million civil rights judgment entered against him last year.

Judge Rodney Smith rejected Carollo’s arguments that the jury erred in finding him liable, that the damages awarded were excessive and that the judge made several errors that would have likely changed the result of the multi-week trial that ended with a verdict on June 1.

That jury found Carollo violated the right so the owners of businesses who had supported Carollo’s political opponent when he unleashed the power of the city against their businesses in retaliation.

Smith noted “contrary to (Carollo’s) assertion that he was just doing his job, multiple witnesses testified (he) targeted, or had it out, for” the owners of the properties, Bill Fuller and Martin Pinilla.

As for Carollo’s claim that the compensatory and punitive damages awards are “so grossly excessive that they shock the conscience,” the judge wrote: “The court disagrees. The only shock to the conscience here is that (Carollo) used his position and power to weaponize the city government against (Fuller and Pinilla) because (they) chose to exercise their First Amendment rights by supporting (Carollo’s) political opponent.”

In finding the damages reasonable, Smith noted the “physical effects of the emotional toll” Carollo’s actions had on the businessmen as he attempted to shut down their businesses.

Carollo’s actions were “continuous … unrelenting … intentional and malicious,” continuing even after the suit was filed against him, Smith wrote.

Carollo also challenged some of Smith’s evidentiary rulings during the trial, but he found even if they did occur, none of them likely had a substantial influence on the jury’s verdict – the standard Carollo would have to achieve to get a new trial on those points.

For instance, Carollo argued the court erred by allowing “testimony that (Carollo) is a racist.”

The judge’s response: “First, no witness testified that (Carollo) was a racist, although it was a possible implication of some testimony.” One witness testified Carollo had complained that a mural in his district depicted too many Black people – something Carollo denied saying.

“Today is a great day for me. The court’s ruling finally allows me to move forward with the appeal, after months of waiting," Carollo said in a statement Wednesday evening. "I am no longer being held as a political hostage by the court and finally can proceed with my appeal, that will bring justice for me and for the City of Miami. Both Judge Rodney Smith and the plaintiffs know extremely well that the injustices that were committed against me and the City of Miami during the trial will be overturned by the Court of Appeals.”

The denial of Carollo’s motion to dismiss or to reduce damages comes as he tries to fight the planned auction of residential property he owns in Coconut Grove, the proceeds of which would be used to begin to satisfy the judgment.

Carollo is arguing the property serves as his “homestead,” and thus would be beyond the reach of the US Marshal’s sale. But the house is not homesteaded, and tomorrow Fuller and Pinilla’s attorneys are due to reply in opposition to that argument.

After that, the judge is expected to rule on whether the auction sale can proceed as scheduled on March 19.