The Coffee Vendor
The Court Jester presents a real judge-written court opinion selected and edited by Colorado real estate and business attorney Diane Wolfson.
This 1978 federal Court of Appeals case is about Zarcone, a hapless coffee vendor, and Perry, an overzealous night court judge, and a really bad cup of coffee.
Judge Perry was in his chambers during a break in an evening session of traffic court in Suffolk County, Long Island. Zarcone was operating a mobile food vending truck outside the courthouse. Perry asked Deputy Sheriff Windsor to get some coffee, which he did. Both Perry and Windsor thought the coffee tasted "putrid," and Perry told Windsor to get the coffee vendor and bring him in front of me in cuffs. Perry directed two plainclothes officers, who happened to be nearby, to accompany Windsor.
“… get the coffee vendor and bring him in front of me in cuffs.”
Wearing his sheriff's uniform equipped with badge, gun and handcuffs, Windsor went to Zarcone and told him that the judge said the coffee was terrible and that Zarcone had to go inside to see the judge. Windsor handcuffed Zarcone, despite the vendor's protestations that it was not necessary. When Zarcone said he was too embarrassed to go into the courthouse that way, one of the officers suggested that Zarcone walk between them with Zarcone's jacket over his hands.
The group then marched through the hallway of the courthouse, in full view of dozens of people. Zarcone heard someone yell that they were locking up the frankfurter man.
When they arrived at Perry's chambers, the judge asked if the Sheriff had "the coffee vending man there in handcuffs." Upon entering the chambers, Perry ordered Zarcone to be left "in handcuffs until I get finished with him."
A pseudo-official inquisition then began. Zarcone stood in front of the judge's desk, behind which the judge sat. A court reporter was present, along with Windsor and the two police officers. Perry told Zarcone that "I have the two cups of coffee here for evidence."
Judge Perry then started screaming at him, threatening him and his "livelihood" for about 20 minutes, and thoroughly scaring him. Just before Zarcone was allowed to leave, Perry commanded Windsor to note Zarcone's vehicle and vending license numbers and told Zarcone, "Mister, you are going to be sorrier before I get through with you.”
After Zarcone left, he resumed his mobile truck route and came back to the night traffic courthouse about 45 minutes later. Shortly thereafter, Windsor returned and told Zarcone they were to go back to the judge. Zarcone asked if he had to be handcuffed again, but Windsor said no. When they reappeared before Judge Perry, he told Zarcone that he was going to have the two cups of coffee analyzed. Perry also said that if Zarcone would admit he did something wrong, then Perry would drop the charges. Zarcone consistently denied that anything was amiss with the coffee, and no charges were filed.
The unfortunate occurrence was publicized at the time, and ultimately led to the removal of Judge Perry from the bench.
There were unpleasant consequences for Zarcone, as well: He testified that he was very upset by the incident, that he could not sleep, and that he started to stutter and get headaches. Zarcone also required treatment at the Coney Island Hospital, he could not work, and his wife asked him to move out of the house.
The trial court awarded Zarcone $80,000 in damages against Judge Perry and Sheriff Windsor, plus an additional $60,000 in punitive damages.
Perry appealed the punitive damages award, arguing that it was excessive. The appeals court did not agree, and affirmed the punitive damages award.
This case was selected and edited by Diane Wolfson, the managing partner of Sphere Law Firm. She is a Colorado attorney specializing in real estate, business and litigation.