Restivo v. Hessemann, No. 14-4662 (2d Cir. 2017)Annotate this Case
After plaintiffs' convictions for rape and murder were vacated and they had served eighteen years in prison, plaintiff filed suit alleging, inter alia, malicious prosecution and denial of fair trial claims. Defendant, as executrix of the Estate of Joseph Volpe, appealed the district court's judgment for plaintiffs. Volpe was a homicide detective that investigated the rape and murder case. The court concluded that the district court did not abuse its discretion in determining that a new trial was warranted; the court rejected defendant's evidentiary challenges; the court rejected defendant's argument that a conflict of interest deprived Volpe of a fair trial; the district court correctly denied Volpe's request for a setoff; the court denied Volpe's motion for remittitur and concluded that the district court did not abuse its discretion in holding that the jury award did not shock the conscience or materially deviate from what would be reasonable compensation; and the court affirmed the district court's award of attorney fees. Because the court found no basis for reversal, the court affirmed the judgment.