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ATKINS v. NEW YORK CITY

No. 97-7899.

143 F.3d 100 (1998)

James ATKINS, Plaintiff-Appellant, v. NEW YORK CITY, the New York City Police Department, Justice, Shield No. 10274, P.O. TUDOR, Shield No. Unknown, Sergeant Betterly, Shield No. Unknown, Detective Williams, Shield No. Unknown, individually, and in their official capacities as police officers of the City of New York, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided May 5, 1998.

Attorney(s) appearing for the Case

David N. Yaffe, Melville, NY (Richard Hamburger, Lane T. Maxson, Richard Charles Hamburger, P.C., Melville, NY, Frederick Brewington, Hempstead, NY, of counsel), for Plaintiff-Appellant.

Steven J. Rappaport, New York City (Paul A. Crotty, Corporation Counsel of City of New York, Larry A. Sonnenshein, New York City, of counsel), for Defendants-Appellees.

Before: WINTER, Chief Judge, PARKER, Circuit Judge, and SCHWARZER, Senior District Judge.

SCHWARZER, Senior District Judge:

The question before us is whether, given undisputed evidence of serious injury resulting from force used in an arrest, an award of only nominal damages can follow a finding of excessive force and whether, if not, both liability and damages must be retried given the facts of the case.

A. Procedural Background

Appellant James Atkins ("Atkins") brought this action under 42 U.S.C. § 1983 against New York City, the...

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