United States First Circuit

In plaintiff's suit against a police sergeant for violating his civil rights by means of false arrest and the use of excessive force, a denial of plaintiff's motion for a new trial following a jury verdict in favor of the defendant is affirmed where: 1) district court did not abuse its discretion when it denied the motion for a new trial as it was reasonable for the district court to conclude that the verdict was not clearly against the weight of the evidence; 2) the court's reply to the jury's question was not misleading, unduly complicating, or incorrect as a matter of law, nor did it adversely affect plaintiff's substantial rights; and 3) plaintiff cannot establish that any error in allowing a cross examination, or some portion of it, was sufficiently grave to satisfy plain error review.

Appellate Information

• Decided 09/09/2010
• Published 09/09/2010

Judges

• LIPEZ

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Leon A. Blais, Nicole Murati Ferrer