RODRIGUEZ v. CITY OF NEW YORK

10 Civ. 9570 (PKC) (KNF).

RICARDO RODRIGUEZ, Plaintiff, v. CITY OF NEW YORK, NYPD OFFICERS OTIS CASEY, CHRISTIAN DURAN, JOHNATHAN WALLY, WALTER VALENTIN, LIEUTENANT CRISPIN MUNIZ, SERGEANT GERARD LONG, Defendants.

United States District Court, S.D. New York.

May 10, 2012.


Attorney(s) appearing for the Case

Ricardo A. Rodriguez, Plaintiff, represented by Victor Wen-Li Tsai , Law Office of Victor Tsai.

The City of New York, Defendant, represented by Lisa Marie Richardson , New York City Law Department.

New York City Police Department, Defendant, represented by Lisa Marie Richardson , New York City Law Department & Kimberly Dorothy Conway , New York City Law Depart. Office of the Corporation Counsel.

Otis Casey, Individual Capacity, Defendant, represented by Lisa Marie Richardson , New York City Law Department.

NYPD Officer Otis Casey, Official Capacity, Shield No. 28947, Defendant, represented by Lisa Marie Richardson , New York City Law Department & Kimberly Dorothy Conway , New York City Law Depart. Office of the Corporation Counsel.

Christian Duran, Individual Capacity, Defendant, represented by Lisa Marie Richardson , New York City Law Department.

NYPD Officer Christian Duran, Official Capacity, Shield No. 27567, Defendant, represented by Lisa Marie Richardson , New York City Law Department & Kimberly Dorothy Conway , New York City Law Depart. Office of the Corporation Counsel.

Jonathan Wally, Individual Capacity, Defendant, represented by Lisa Marie Richardson , New York City Law Department.

NYPD Officer Jonathan Wally, Official Capacity, Shield No. 15799, Defendant, represented by Lisa Marie Richardson , New York City Law Department & Kimberly Dorothy Conway , New York City Law Depart. Office of the Corporation Counsel.

Walter Valentin, Individual Capacity, Defendant, represented by Lisa Marie Richardson , New York City Law Department.

NYPD Officer Walter Valentin, Official Capacity, Shield No. 10847, Defendant, represented by Lisa Marie Richardson , New York City Law Department.

Lieutenant Muniz, Tax Registry No. 916294, Defendant, represented by Lisa Marie Richardson , New York City Law Department & Kimberly Dorothy Conway , New York City Law Depart. Office of the Corporation Counsel.

Sergeant Gerard Long, Tax Registry No. 920516, Defendant, represented by Lisa Marie Richardson , New York City Law Department & Kimberly Dorothy Conway , New York City Law Depart. Office of the Corporation Counsel.


MEMORANDUM AND ORDER

P. KEVIN CASTEL, District Judge.

This action was tried before a jury in March 2012. The jury found defendant City of New York vicariously liable for battery committed by unidentified city employees but found no liability on the part of the identified individual defendants on any claims. Defendant City of New York now moves for judgment as a matter of law or, in the alternative, a new trial. Plaintiff moves to vacate defendants' award...

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