LIMA v. NEWARK POLICE DEPT.

No. 10-1743.

658 F.3d 324 (2011)

Roberto LIMA, Appellant v. NEWARK POLICE DEPARTMENT; Garry McCarthy; Samuel DeMaio; Lydell James; Jose Alicea; Lieutenant Michael Latorre.

United States Court of Appeals, Third Circuit.

Filed: July 19, 2011.


Attorney(s) appearing for the Case

Baher A. Azmy [Argued], Lori D. Tully , Seton Hall Law School, Edward L. Barocas , American Civil Liberties Union of New Jersey Foundation, Newark, NJ, for Appellant.

Gary S. Lipshutz [Argued], City of Newark, Department of Law, Newark, NJ, for Defendants-Appellees Newark Police Department and Garry McCarthy.

Brooke Bagley , Ronald J. Ricci , Little Falls, NJ, for Defendants Jose Alicea and Michael Latorre.

Monica Y. Cho , Law Offices of Bhalla & Cho, Jersey City, NJ, for Appellees Lydell James and Samuel DeMaio.

Before: SLOVITER, HARDIMAN and ALDISERT, Circuit Judges.


OPINION OF THE COURT

HARDIMAN, Circuit Judge.

Rule 68 of the Federal Rules of Civil Procedure is intended to promote the amicable resolution of cases. Although it usually serves its intended purpose, Rule 68 presents a trap for the unwary. This trap manifests itself most frequently when a defendant erroneously believes that an accepted Rule 68 offer of judgment finally resolves a civil action, only to be assessed substantial attorney's fees and costs thereafter...

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