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United States Second Circuit


Aczel v. Labonia, 08-2741

In a 42 U.S.C. section 1983 action alleging excessive force by police, judgment for defendant-officer is affirmed where, because the jury unanimously found that defendant was entitled to qualified immunity and there was no flaw in the finding that required the district court to reject it, the district court acted within its discretion in entering judgment for defendant and denying plaintiff's motion for a new trial.

Appellate Information

  • Decided 10/09/2009
  • Published 10/09/2009

Judges

  • Before:  LEVAL, POOLER, B.D. PARKER, Circuit Judges.

Court

  • United States Second Circuit

Counsel

  • For Appellant:
  • Keith P. Sturges, Goldstein and Peck, P.C., Bridgeport, CT (William J. Kupinse, Jr., on the brief), for Plaintiff-Appellant.

  • For Appellees:
  • Thomas R. Gerarde, Howd & Ludorf, LLC, Hartford, CT (Beatrice S. Jordan, on the brief), for Defendants-Appellees.
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