Davis v. Velez, No. 14-1826 (2d Cir. 2015)
Annotate this CasePlaintiff filed suit against defendants under 42 U.S.C. 1983 for false arrest, malicious prosecution, and denial of a fair trial. Defendants Velez and Lukeson, officers of the NYPD, and Defendant Calhoun, an NYPD sergeant, appealed from the district court's order that Velez and Lukeson each pay to plaintiff $180,000 in compensatory and punitive damages, and ordering Calhoun to pay $200,000 in compensatory and punitive damages. The court rejected defendants' claims of various evidentiary errors, including the admissibility of the Norman Confession, framing plaintiff, under Federal Rules of Evidence 804(b)(3). The court also rejected defendants' claims of error regarding jury deliberations where each issue was appropriately dealt with by the district court and none of defendants' contentions warrant extended discussion. Finally, defendants were not entitled to judgment as a matter of law dismissing the claims against them for malicious prosecution where, even if the court were persuaded that the malicious prosecution claims against Lukeson and Calhoun should have been dismissed, there would be no basis on which to overturn the verdicts against them for denial of a fair trial or to find that the damages awarded were impermissible with respect to the fair trial verdicts. Accordingly, the court affirmed the judgment.
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