NOLLEY v. COUNTY OF ERIE

No. CIV-88-1170C.

798 F.Supp. 123 (1992)

Louise K. NOLLEY, Plaintiff, v. COUNTY OF ERIE; Thomas Higgins, Sheriff; John Dray, Superintendent; and Jane O'Malley, Nurse, Defendants.

United States District Court, W.D. New York.

September 3, 1992.


Attorney(s) appearing for the Case

Damon & Morey (Jennifer Coleman, of counsel), Buffalo, N.Y., for plaintiff.

Patrick H. NeMoyer, Erie County Atty. (James L. Tuppen, Asst. Erie County Atty. of counsel), Buffalo, N.Y., for defendants County of Erie, Thomas Higgins and Jane O'Malley.

David Gerald Jay, Buffalo, N.Y., for defendant John Dray.


CURTIN, District Judge.

On August 21, 1992, the court issued a decision awarding damages to the plaintiff. As part of the award, the court assessed punitive damage against defendant John Dray in the sum of $20,000.00.

Soon after the judgment was entered, the court had second thoughts about the suitability of that award and decided to reconsider the grant of punitive damages on its own motion. Several meetings were held with the attorneys for plaintiff and...

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