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Citizenship Not Required for Damages Award
The court erroneously instructed the jury that the plaintiff had to be an American citizen to recover; the court vacates the jury verdict to avoid the "appearance of prejudice." However, the court directs entry of judgment as a matter of law against the plaintiff because the videotape shows that the plaintiff attacked the defendants, and not vice versa. A reasonable jury could not have found for the plaintiff.
Jury instructions are quoted.
This opinion follows an earlier opinion, 983 F.Supp. 496 (S.D.N.Y. 1997), which notes that the jury was out for a minute and a half. It also notes that four months after the trial the Assistant Attorney General had failed to submit a motion for judgment as a matter of law, and directs him to do so, judgment not having been entered. See: Colon v. Mack, 983 F.Supp. 494 (S.D.N.Y. 1997).
Jury instructions are quoted.
This opinion follows an earlier opinion, 983 F.Supp. 496 (S.D.N.Y. 1997), which notes that the jury was out for a minute and a half. It also notes that four months after the trial the Assistant Attorney General had failed to submit a motion for judgment as a matter of law, and directs him to do so, judgment not having been entered. See: Colon v. Mack, 983 F.Supp. 494 (S.D.N.Y. 1997).
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Related legal case
Colon v. Mack
| Year | 1997 |
|---|---|
| Cite | 983 F.Supp. 494 (S.D.N.Y. 1997) |
| Level | District Court |
| Injunction Status | N/A |