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CARROLL v. COUNTY OF MONROE

Docket No. 12-975-cv.

712 F.3d 649 (2013)

Sherry CARROLL, Individually and as Natural Parent & Legal Guardian on behalf of David Carroll & Devan White, both Infants under the age of eighteen, Plaintiff-Appellant, v. COUNTY OF MONROE; Monroe County Sheriff's Department; Patrick M. O'Flynn, Sheriff of Monroe County in his Official Capacity; Deputy Sheriff James Carroll, in his official and individual capacity, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: March 12, 2013.

Attorney(s) appearing for the Case

Christina A. Agola , Rochester, N.Y., for Plaintiff-Appellant.

Brian E. Marianetti , Deputy County Attorney, for William K. Taylor , Monroe County Attorney, Rochester, N.Y., for Defendants-Appellees.

Before: WALKER, KATZMANN, and LYNCH, Circuit Judges.

PER CURIAM:

Plaintiff-Appellant Sherry Carroll ("the plaintiff") appeals from a March 9, 2012, decision and order of the United States District Court for the Western District of New York, which denied the plaintiff's motion to set aside a jury verdict or, in the alternative, for a new trial. After a two-day trial, the jury found that the plaintiff failed to prove her claim — brought under 42 U.S.C. § 1983 — that the shooting of her family's dog...

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