Rosario v. City of New York et al

Filing 481

ORDER FOR JUDGEMENT: It is hereby ORDERED that: 1. Judgment is entered in favor of Plaintiff and against Defendant Whitaker on Count II and Count VII, and against Defendant City of New York on Count X, in the amount of $5,000,000. 2. Judgment is entered in favor of Defendants Martinez and Cruger and against Plaintiff on Counts II and Count VII. 3. Judgment is entered in favor of Defendants Whitaker, Martinez and Cruger on Count III. 4. The Court retains jurisdiction over any matter pertaining to this Judgment. (Signed by Judge Lorna G. Schofield on 8/12/2022) (mml)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
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:
RICHARD ROSARIO,
:
Plaintiff,
:
:
-against:
:
CITY OF NEW YORK, et al.,
:
Defendants. :
:
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18 Civ. 4023 (LGS)
ORDER FOR JUDGMENT

LORNA G. SCHOFIELD, District Judge:
WHEREAS, a jury trial on the four remaining counts of the Complaint commenced on
July 25, 2022.
WHEREAS, on August 11, 2022, the jury returned a verdict in Plaintiff’s favor and
against Defendant Gary Whitaker on Count II (denial of constitutional rights to a fair trial and
due process of law) and Count VII (malicious prosecution under New York law) of the
Complaint.
WHEREAS, the jury returned a verdict in favor of Plaintiff and against the City of New
York on Count X (respondeat superior under New York law).
WHEREAS, the jury returned a verdict in favor of Defendants Gary Whitaker, Richard
Martinez and Charles Cruger on Count III (failure to intercede).
WHEREAS, the jury rendered a verdict in favor of Defendants Richard Martinez and
Charles Cruger on Counts II and VII.
WHEREAS, the jury found that Plaintiff had proven by a preponderance of the evidence
that he suffered compensatory damages as a result of Defendant Whitaker’s conduct.
WHEREAS, the jury awarded Plaintiff compensatory damages in the amount of
$5,000,000.

It is hereby
ORDERED that:
1. Judgment is entered in favor of Plaintiff and against Defendant Whitaker on Count
II and Count VII, and against Defendant City of New York on Count X, in the
amount of $5,000,000.
2. Judgment is entered in favor of Defendants Martinez and Cruger and against
Plaintiff on Counts II and Count VII.
3. Judgment is entered in favor of Defendants Whitaker, Martinez and Cruger on
Count III.
4. The Court retains jurisdiction over any matter pertaining to this Judgment.
Dated: August 12, 2022
New York, New York

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