Mulero v. Walsh et al

Filing 97

ORDER (memorandum filed previously as separate docket entry). (1) Defendant Sheposhs Motion for Judgment as a Matter of Law, Motion for a New Trial, and Motion to Alter or Amend the Judgment (Doc. 77) is GRANTED IN PART and DENIED IN PART as follows: (a) Defendants Motion as a Matter of Law on qualified immunity is DENIED;(b) Defendants Motion for a New Trial is DENIED;(c) Defendants Motion for remittitur is GRANTED IN PART and DENIED IN PART. The Plaintiff SHALL REMIT $125,000 of the compen satory damage award. Should the Plaintiff refuse to accept $125,000 in compensatory damages, a new trial on the issue of compensatory damages SHALL be conducted.(2) Plaintiffs Motion for Attorneys Fees and Costs (Doc. 74) will be GRANTED IN PART and DENIED IN PART as follows:(a) Plaintiff is awarded $148,772.50 in fees for services rendered byAttorney Harry Coleman, Attorney John Lawler, and Paralegal LeighGerardi. Plaintiff will be awarded an additional $1,467 for costs.Signed by Honorable A. Richard Caputo on 2/28/18. (dw)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
BERNIE MULERO,
CIVIL ACTION NO. 3:15-CV-01406
Plaintiff,
(JUDGE CAPUTO)

v.
OFFICER PATRICK JAMES WALSH and
OFFICER RONALD SHEPOSH,
Defendants.
ORDER

NOW, this 28th day of February, 2018, IT IS HEREBY ORDERED that:
(1)

Defendant Sheposh’s Motion for Judgment as a Matter of Law, Motion for a
New Trial, and Motion to Alter or Amend the Judgment (Doc. 77) is GRANTED
IN PART and DENIED IN PART as follows:
(a)
(b)

Defendant’s Motion for a New Trial is DENIED;

(c)

(2)

Defendant’s Motion as a Matter of Law on qualified immunity is
DENIED;

Defendant’s Motion for remittitur is GRANTED IN PART and DENIED
IN PART. The Plaintiff SHALL REMIT $125,000 of the compensatory
damage award. Should the Plaintiff refuse to accept $125,000 in
compensatory damages, a new trial on the issue of compensatory
damages SHALL be conducted.

Plaintiff’s Motion for Attorney’s Fees and Costs (Doc. 74) will be GRANTED IN
PART and DENIED IN PART as follows:
(a)

Plaintiff is awarded $148,772.50 in fees for services rendered by
Attorney Harry Coleman, Attorney John Lawler, and Paralegal Leigh
Gerardi. Plaintiff will be awarded an additional $1,467 for costs.
/s/ A. Richard Caputo
A. Richard Caputo
United States District Judge