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DIBELLA v. BOROUGH OF BEACHWOOD

Nos. 03-4892, 04-1257.

407 F.3d 599 (2005)

Robert DIBELLA; John McLaughlin, Appellants—(Case No.03-4892) v. BOROUGH OF BEACHWOOD, a municipality organized under the laws of the State of New Jersey; Beachwood Police Department; John Wagner, Chief, in his official capacity and personally; John Zupa, Police Officer, personally and in his official capacity Robert DiBella; John McLaughlin v. Borough of Beachwood, a municipality organized under the laws of the State of New Jersey; Beachwood Police Department; John Wagner, Chief, in his official capacity and personally; John Zupa, Police Officer, personally and in his official capacity Appellants— (Case No. 04-1257)

United States Court of Appeals, Third Circuit.

Filed: May 12, 2005.

Attorney(s) appearing for the Case

Harry J. Levin, Esquire (Argued), Colleen F. Cyphers, Levin & Cyphers, Toms River, NJ, Counsel for Appellants/Cross Appellees.

David R. Leahy, Esquire (Argued), Gilmore & Monahan, Toms River, NJ, Counsel for Appellees/Cross Appellants.

Before: ROTH and CHERTOFF, Circuit Judges, and SHAPIRO, District Judge.

OPINION

SHAPIRO, District Judge.

Plaintiffs, Robert DiBella and John McLauglin, appeal a post-trial district court order vacating a jury award of $78,237 in compensatory damages, and $95,000 in punitive damages to each plaintiff. The judge held there had been no Fourth Amendment seizure as required in a malicious prosecution action under 42 U.S.C. § 1983. The District Court decision is affirmed.

I. FACTS AND PROCEDURAL HISTORY

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