Burke v. McDonald, No. 07-2691

By FindLaw Staff on July 20, 2009 | Last updated on March 21, 2019

In a civil rights action brought under the Fourth Amendment, district court judgment is affirmed where: 1) the district court did not abuse its discretion in denying defendant's motions for a new trial and remittitur as the court properly refused to limit liability to the damages plaintiff incurred between the arrest and the arraignment, and the jury's award can fairly be understood to be supported by at least one and probably two rational appraisals of the damages; and 2) the court properly reduced the amount of attorney's fees awarded to plaintiff based on a consideration of his unsuccessful claims. 

Read Burke v. McDonald, No. 07-2691

Appellate Information
Appeal from the United States District Court for the District of Massachusetts.
Decided July 17, 2009

Before Howard, Selya, and Hansen, Circuit Judges.
Opinion by Howard, Circuit Judge.

For Appellant: Joseph P. Kitteredge.

For Appellee: Robert S. Sinsheimer.

Copied to clipboard