United States First Circuit
Burke v. McDonald, 07-2691
In a civil rights action brought under the Fourth Amendment, district court judgment is affirmed where: 1) the district court did not abuse its discretion in denying defendant's motions for a new trial and remittitur as the court properly refused to limit liability to the damages plaintiff incurred between the arrest and the arraignment, and the jury's award can fairly be understood to be supported by at least one and probably two rational appraisals of the damages; and 2) the court properly reduced the amount of attorney's fees awarded to plaintiff based on a consideration of his unsuccessful claims.
Appellate Information
- Decided 07/17/2009
- Published 07/17/2009
Judges
- HOWARD, Circuit Judge., Before HOWARD, SELYA, and HANSEN, Circuit Judges.
Court
- United States First Circuit
Counsel
- For Appellees:
- Joseph P. Kitteredge, with whom Rafanelli & Kitteredge, P.C., Brian Rogal, and Rogal & Donnellan, P.C., were on brief, for appellant/cross-appellee., Robert S. Sinsheimer, with whom Lauren Thomas and Denner Pellegrino, LLP, were on brief, for appellee/cross-appellant.