United States Second Circuit

In excessive force and battery action against defendant police officer and defendant-city, judgment for plaintiff is affirmed in part and vacated and remanded in part, where: 1) the denial of defendant police officer's request for continuance was not an abuse of discretion because the district court’s decision was neither arbitrary nor prejudicial to his defense; 2) the punitive damages award is vacated as excessive and the case is remanded for a new trial on punitive damages, unless plaintiff agrees to accept a reduced punitive damages award totaling $100,000, and 3) the judgment is affirmed in all other respects.

Appellate Information

• Decided 10/03/2012
• Published 10/03/2012

Judges

• LEVAL

Court

• United States Second Circuit

Counsel