Bradley v. City of New York et al, No. 1:2004cv08411 - Document 149 (S.D.N.Y. 2009)
Court Description: OPINION #97486 re: 143 MOTION for post-first re-trial and initial pe-second re-trial relief. MOTION for Judgment filed by Jonathan Bradley, 142 MOTION for Judgment as a Matter of Law filed by Alexis Jusino. For the reasons set forth, Plaintiff� 39;s motion is granted, and defendant's motion is denied. Plaintiff shall submit judgment on notice. A hearing on damages will be held on 5/18/2009 at 10:00 a.m., or such other time on which the parties agree, unless the parties reach a settle ment of the amount of damages to be awarded Bradley. In the event the parties reach an agreement on damages to be awarded to Bradley, then a hearing will be held on attorneys' fees on 5/18/2009 or such other date agreed upon by the parties. (Signed by Judge Robert W. Sweet on 5/4/2009) (jar) Modified on 5/5/2009 (jar). Modified on 5/6/2009 (mro).
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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK JONATHAN BRADLEY, Plaintiff. 04 Civ. 8411 OPINION -againstNEW YORK CITY POLICE OFFICER ALEXIS JUSINO, usOc S D h i DOCUMKT E ~ ~ z ~ ~ ~ FILED i L Y C h Defendant. ................................... X DGm FiLEI>: A P P E A R A N C E S : Attorneys for Plaintiff JAMES I. MEYERSON, Esq. 64 Fulton Street, Suite 502 New York, NY 10038 JEFFREY ROTHMAN, Esq. 315 Broadway, Suite 200 New York, NY 10007 Attorneys for Defendant MICHAEL A. CARDOZO Corporation Counsel of the City of New York 100 Church Street New York, NY 10007 By: Elizabeth M. Daitz, Esq. Dara L. Weiss, Esq. S w e e t , D.J. Defendant New York Police Officer Alexis Jusino ("Jusino" or the "DefendantN) has moved for Judgment as a Matter of Law, pursuant to Fed. R. Civ. P. 50, on the grounds that he is entitled to qualified immunity on the claim raised against him by Plaintiff Jonathan Bradley ("Bradley" or the "Plaintiff"). Plaintiff has moved for Relief and for the Entry of Judgment in Favor of Plaintiff on both his false arrest claim and qualified immunity. This action initially appeared to be a relatively routine confrontation between a demonstrator and a police officer towards the end of an unexpectedly massive anti-war demonstration. However, the circumstances were unfamiliar to both Bradley, a 63-year old self-styled farmer from outside Ithaca, and Jusino, a very recent graduate of the Police Academy. Under these circumstances, difficulties in managing and presenting a qualified immunity defense in a false arrest case became manifest. The regrettable procedural tangle and ultimate resolution is described below.
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