United States First Circuit

In a suit against police officers for excessive force and battery, post-verdict judgment as a matter of law for one of the officers on grounds of qualified immunity is vacated and the jury award reinstated where: 1) the officer's use of increased force after plaintiff ceased resisting violated the Fourth Amendment, the law was clearly established, and a reasonable officer in the same circumstances would have believed that his conduct was a violation; and 2) defendant abandoned motions for a new trial and a remittitur by failing to obtain a conditional ruling from the district court and by failing to raise the motions on appeal.

Appellate Information

• Decided 03/07/2007
• Published 03/07/2007

Judges

• LIPEZ, Circuit Judge., Before TORRUELLA, LYNCH and LIPEZ, Circuit Judges.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Michael Bradley for appellant.


• For Appellees:
  
• Rebecca Tedford Partington, Deputy Chief, Civil Division, Rhode Island Attorney General's Office, for appellee.