Ali v. Kipp, No. 16-4225 (2d Cir. 2018)Annotate this Case
The Second Circuit affirmed the district court's denial of plaintiff's motion for a new trial in a 42 U.S.C. 1983 action alleging that a police officer used excessive force by slamming plaintiff's head into the bars and wall of his holding cell. The court held that the district court did not abuse its discretion when it denied plaintiff's Federal Rule of Civil Procedure 59(a) motion for a new trial when it determined that the jury's verdict could be harmonized and thus plaintiff was not entitled to compensatory damages as a matter of law. The court also held that, when attempting to harmonize a seemingly inconsistent verdict, the court was not limited to the specific theories of the case presented by the parties, but may adopt any reasonable view of the case that was consistent with the facts and the testimony adduced at trial. In this case, the jury's causation finding was ambiguous and might have referred only to the de minimus injuries that plaintiff suffered while being forced into the holding cell.