United States First Circuit

In plaintiff's civil rights case against the state of Rhode Island and a State Police representative and other police officers who had executed a search warrant of his workplace at the Narrangansett Indian Tribe "smoke shop", jury's verdict in favor of defendant in the second trial is affirmed as: 1) there was no abuse of discretion in granting a new trial based on the ground that, even if the jury verdict had unambiguously rested on the increased force theory, that theory would have been contrary to the weight of the evidence; and 2) there was no waiver of the new trial motion by defendant.

Appellate Information

• Decided 11/19/2009
• Published 11/19/2009

Judges

• LYNCH, Chief Judge., Before LYNCH, Chief Judge, GAJARSA  and LIPEZ, Circuit Judges.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Charles M. Bradley for appellant.


• For Appellees:
  
• Rebecca Tedford Partington, Deputy Chief, Civil Division, with whom John Moreira, Special Assistant Attorney General, was on brief for appellee.