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CUMMINGS v. LIBBY

No. 01-32-P-H.

176 F.Supp.2d 26 (2001)

Brent CUMMINGS, Plaintiff, v. Officer Charles D. LIBBY, III, and Officer James Keddy, Defendants.

United States District Court, D. Maine.

December 20, 2001.

Attorney(s) appearing for the Case

Peter E. Rodway, Rodway & Horodyski, Michael J. Waxman, Portland, ME, for Brent Cummings.

Mark E. Dunlap, Norman, Hanson & Detroy, Portland, ME, for Charles D. "Chuck" Libby, III, Portland Police Officer, Officer James Keddy, Portland Police Officer.

ORDER ON DEFENDANT LIBBY'S MOTION FOR NEW TRIAL AND REMITTITUR

HORNBY, Chief Judge.

Officer Charles D. Libby, III, has moved for a new trial on two grounds: first, that he was unfairly and incurably prejudiced by the admission of evidence concerning what other police officers did on the night in question; second, that the damage award ($15,184 compensatory; $37,916 punitive) is excessive. Alternatively he asks for a remittitur. The motion for new trial and...

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