COCONUT GROVE, FLA. (WSVN) - A federal judge issued a strongly worded ruling against embattled City of Miami Commissioner Joe Carollo in his attempt to seek a new trial and get a reduction in his $63.5 million verdict against him.
The 13-page ruling from U.S. District Judge Rodney Smith said Carollo cannot get a new trial, and his multimillion-dollar verdict will not be reduced.
Speaking with 7News over the phone on Wednesday, the commissioner said the judgment comes as no surprise, and he is actually glad he can now move forward.
“Frankly, this is a great day for me, because I’ve been held hostage for months and months and months, waiting for the judge to rule in this so that I can appeal,” he said.
Back in June, a Fort Lauderdale jury found Carollo liable for violating the rights of William Fuller and Martin Pinilla, the owners of the Little Havana hotspot Ball & Chain. As a result, the commissioner was ordered to pay damages totaling $63.5 million.
In his ruling, Smith denied reducing Carollo’s corruption verdict against him for weaponizing city government and violating business owners’ constitutional rights.
The judge wrote that the “Defendant’s actions specifically targeted Plaintiffs’ financial vulnerabilities by attempting to shut down their, or their tenants’, businesses. Defendant’s actions were continuous and unrelenting. And Defendant’s actions were intentional and malicious.”
Smith added, “Further, Defendant’s actions continued long after Plaintiffs filed suit. Thus, the degree of reprehensibility is high.”
Carollo’s attorney argued there were evidentiary errors with the trial and that the damages awarded are “grossly excessive.”
But Smith dismissed the argument, writing in his ruling, “Defendant argues that the damages awarded are so grossly excessive that they shock the conscience. The Court disagrees. The only shock to the conscience here is that Defendant used his position and power to weaponize the City government against Plaintiffs because Plaintiffs chose to exercise their First Amendment rights by supporting Defendant’s political opponent.”
Now his lawyers are working on the appeal, and Carollo said they’ll file in a timely fashion.
“I have no doubt that once they see the totality of this case, that this will be thrown out,” he said.
Smith’s ruling comes as U.S. Marshals continue the process of seizing Carollo’s assets, most recently advertising a planned public auction of his Coconut Grove home as a way to pay his bill.
Carollo is trying to block the auction. A judge is expected to rule on whether or not it can proceed next month.
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