Wright v. Musanti, No. 17-632 (2d Cir. 2018)Annotate this Case
Wright cut in front of Musanti as they were walking to their respective Manhattan offices during rush hour. Musanti responded by kicking Wright’s legs, and a verbal and physical altercation ensued. Musanti pressed criminal charges, telling the police that Wright was the initial aggressor, but the district court, relying on video footage and the testimony of both parties, found that Musanti had been the initial aggressor and had given false information to the police. Musanti was found liable for the battery, assault, and false arrest of Wright. The district court awarded Wright nominal, compensatory, and punitive damages (totaling $15, 001). The Second Circuit affirmed, upholding findings that Musanti gave false information to the police by failing to inform them that she initiated the physical contact, and by intentionally downplaying her aggressive conduct and that in requesting that the police press charges, Musanti had induced the police to arrest Wright, because Wright likely would have been released but for her request. It was within the court’s discretion to find that conduct amply egregious to merit punitive damages.