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Civil Rights : Wrongful Death – Sufficiency Of Evidence – Damages
Stephanie Maniscalco//June 25, 2015
Civil Rights : Wrongful Death – Sufficiency Of Evidence – Damages
Stephanie Maniscalco//June 25, 2015
Where a jury returned a $1 million wrongful death verdict in favor of the family of a man who was shot and killed by a parole officer and the jury found in favor of the officer on a civil rights claim, the judgment is affirmed because the officer was not entitled to official immunity where the evidence supported a finding of malice, and the officer was thus also not entitled to judgment as a matter of law under the public duty doctrine, and the district court was within its discretion to deny a motion for a new trial on the issue of damages since the defendant did not show that the damages were excessive or unsupported by substantial evidence.
Judgment is affirmed.
Estate of Zachary Snyder v. Julian (MLW No. 67952/Case No. 13-3012 – 9 pages) (U.S. Court of Appeals, 8th Circuit, Colloton, J.) Appealed from U.S. District Court, Eastern District of Missouri, Blanton, J. (Mary Delworth Morris, St Louis, argued for appellant; Robert J Isaacson appeared on the brief) (John M Albright, Poplar Bluff, argued for appellee).
Read the full text of this opinion. (PDF)
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