Greenaway et al v. County of Nassau et al
| Shuay'b Greenaway, Avery Knight and Sharon Knight |
| County of Nassau, John Doe, Incorporated Village of Hempstead Police Department, Nassau County Police Department and Village of Hempstead |
| 2:2011cv02024 |
| April 25, 2011 |
| US District Court for the Eastern District of New York |
| Central Islip Office |
| Arthur D. Spatt |
| A. Kathleen Tomlinson |
| Civil Rights: Other |
| 28 U.S.C. ยง 1983 Civil Rights |
| Plaintiff |
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Filing
159
MEMORANDUM & ORDER: For the reasons stated in the attached order, Village Defendants' post-verdict motions 140 are GRANTED in part, and DENIED in part. Village Defendants' Rule 50(b) motion is denied in its entirety. Village Defendants& #039; Rule 59(e) motion with respect to the gross negligence and failure to intervene claims is granted and the following awards are reduced to zero: (1) Mr. and Mrs. Knight's awards for their gross negligence claims against Village Officer Ohr ; and (2) Mr. Knight, Mrs. Knight, and Mr. Greenaway's awards for their failure to intervene claims against Village Officers Ohr and Reado. Village Defendants' Rule 59(e) motion concerning Mrs. Knight's punitive damage award against Vi llage Officer Reado is denied. County Defendants' post-verdict motions 142 are also GRANTED in part, and DENIED in part. County Defendants' Rule 50(b) motion is denied in its entirety. County Defendants' Rule 59 motion for a new tr ial is denied in its entirety. County Defendants' Rule 59 motion for a conditional order of remittitur is granted only as to the issue of Mr. Greenaway's $7.5 million excessive force damage award. Unless Mr. Greenaway agrees in writi ng, by April 25, 2018, to a remittitur reducing the award to $2.5 million, there will be a new trial solely as to the excessive force damages. Should Mr. Greenaway opt for a new trial, the Court will permit limited discovery. Further, Mr. Knig ht, Mrs. Knight, and Mr. Greenaway's award for their unlawful entry/trespass claim against County Officers Hudson, Papa, Schmitt, and Stio as well as Village Officers Ohr and Reado is reduced to $10,000. Mr. Knight, Mrs. Knight, and Mr. Gr eenaway's awards for their failure to intervene claims against County Officers Hudson, Papa, Schmitt, and Stio are reduced to zero. The Clerk of Court is respectfully directed to enter judgment in accordance with this Order. Ordered by Judge LaShann DeArcy Hall on 3/31/2018. (Garrett, Ruby)
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Filing
68
DECISION AND ORDER: On the basis of the record and law as set forth in the Order, the Court hereby DENIES the Hempstead Defendants' summary judgment motion in its entirety, without prejudice. Ordered by Judge William F. Kuntz, II on 4/29/2015. (Brucella, Michelle)
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Filing
67
DECISION AND ORDER: Accordingly, on the basis of the record and law as set forth in this Order, the Court hereby DENIES the Nassau Defendants' summary judgment motion on false imprisonment under the Fourth Amendment and New York State law, tre spass, excessive force under the Fourth Amendment, assault and battery, municipal liability, and qualified immunity. The Court hereby GRANTS the Nassau Defendants' summary judgment motion on substantive due process, negligence, and intentional infliction of emotional distress. Ordered by Judge William F. Kuntz, II on 3/31/2015. (Brucella, Michelle)
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