McDevitt v. Suffolk County et al
| Michael W. McDevitt |
| Suffolk County, Suffolk County Police Department, Suffolk County Police Officers John and Jane Does # 1-10 and Glenn Torquinio |
| 2:2016cv04164 |
| July 27, 2016 |
| US District Court for the Eastern District of New York |
| Central Islip Office |
| Joseph F. Bianco |
| A. Kathleen Tomlinson |
| Civil Rights: Other |
| 42 U.S.C. ยง 1983 Civil Rights Act |
| Plaintiff |
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Filing
169
MEMORANDUM OF DECISION AND ORDER granting in part 165 Motion to Set Aside Verdict: For the reasons set forth herein: 1. Defendant Tarquinios motion for relief under Rules 50 and 59 based upon the purported existence of probable cause or arguable p robable cause warranting the application of qualified immunity is DENIED. 2. Tarquinios motion for a new trial is GRANTED on the issue of damages UNLESS plaintiff agrees to a remittitur reducing the compensatory damage award to $77,700 and the p unitive damage award to $155,400, for a total award of $233,100. 3. Defendant Suffolks motion for judgment as a matter of law as to the Monell verdict is GRANTED. Plaintiffs counsel shall advise defendants counsel and the Court within ten days of the date of this Order as to whether he intends to accept the remittitur, or if a date should be set for a retrial on damages. SEE ATTACHED ORDER FOR FURTHER DETAILS. So Ordered by Judge Gary R. Brown on 3/26/2024. (JC)
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