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MULLER v. COSTELLO

No. 94-CV-842 (FJS) (GJD).

997 F.Supp. 299 (1998)

Keith E. MULLER, Plaintiff, v. Joseph J. COSTELLO, Individually, and as Superintendent of Midstate Correctional Facility; Susan A. Connell, Individually, and as Deputy Superintendent of Midstate Correctional Facility; "John Doe", Individually, and as an Agent of Midstate Correctional Facility; Sgt. Joseph Ward, Individually, and as an Agent of Midstate Correctional Facility; Midstate Correctional Facility, New York State, and New York State Department of Correctional Services, Defendants.

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

March 9, 1998.

Attorney(s) appearing for the Case

Norman P. Deep, Clinton, NY, for Plaintiff.

Dennis C. Vacco, Attorney General of the State of New York, Albany, NY (Gregory J. Rodriguez, Bruce J. Boivin, Asst. Attys. Gen., of counsel), for Defendants.

MEMORANDUM-DECISION AND ORDER

SCULLIN, District Judge.

I. INTRODUCTION

Presently before the Court are the parties' post-trial motions. Defendant1 moves (1) for judgment as a matter of law, or, in the alternative, for a new trial; (2) to cap the jury's verdict at $300,000; (3) to vacate or reduce the verdict as excessive; and (4) to dismiss the entire action for Lack of subject matter jurisdiction. Plaintiff moves (1...

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