United States Second Circuit

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Restivo v. Hessemann, 14-4662

In a civil suit brought by plaintiffs who were wrongfully convicted of the rape and murder of a teenage girl, alleging malicious prosecution and denial of fair trial claims, the district court's judgment in favor of plaintiffs is affirmed over defendant's challenges to: 1) the district court's grant of plaintiffs' motion for a new trial; 2) several evidentiary rulings at the second trial; 3) the district court's holding that defendant was not deprived of a fair trial because his counsel was allegedly operating under a conflict of interest; 4) the district court’s denial of defendant's motion for remittitur and a setoff of damages; and 5) the district court's grant of attorneys' fees to counsel for plaintiffs.

Appellate Information

  • Argued
  • Submitted
  • Decided
  • Published 2017/01/19

Judges

  • POOLER

Court

  • United States Second Circuit

Counsel


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