Harden v. Hillman

Court applies racial bias exception to FRE 606 (b) no-impeachment rule for jury verdicts of Pena-Rodriguez v. Colorado, __ U.S. __, 137 S.Ct. 855 (2017), a criminal case, to civil cases; citing language in Pena-Rodriguez that “[a]n effort to address the most grave and serious statements of racial bias is not an effort to perfect the jury but to ensure that our legal system remains capable of coming ever closer to the promise of equal treatment under the law that is so central to a functioning democracy;” finds juror affidavit sufficient to warrant hearing where it alleged jurors discounted plaintiff’s testimony and his case because they believed he was a “crack addict,” referred to him as a “crack head,” believed he was calm during testimony because he was taking dope or drinking during breaks in trial, thought his romantic partner looked like she was on heroin, and described plaintiff’s African American lawyer and his team as the “Cosby show;” court specifically finds that references to crack evidenced racial stereotyping; during hearing on remand, attorneys for each side will have opportunity to question the affiant and other members of jury to determine if racial stereotypes or bias affected jury’s deliberations.