Free Memorandum in Opposition to Motion - District Court of Connecticut - Connecticut

Case 3:03-cv-01048-PCD Document 111 Filed 11/O3/2005 Page 1 of 3
UNITED STATES DISTRICT COURT
DISTRICT OF CONNECTICUT
CLIFTON S. FREEDMAN, )
)
Plaintiff, ) Civil Action N0. 3:O3CVlO48 (PCD)
v. )
)
THE TOWN OF FAIRFIELD, )
DETECTIVE WILLIAM YOUNG AND )
DETECTIVE DAVID BENSEY )
(Individually and in their official capacities ) NOVEMBER 3, 2005
as police officers for the Town of Fairfield, )
)
Defendants. )
DEFENDANTS’ OPPOSITION TO PLAINTIFF’S
MOTION TO AMEND ,|UDGlV[ENT
Pursuant to Federal Rule of Civil Procedure Rule 59(e), the Defendants, the
Town of Fairfield, Detective William Young and Detective David Bensey,
(Individually and in their official capacities as police officers for the Town of
Fairfield), hereby object to the Plaintiff's Motion to Amend Judgment in the above-
captioned matter.
Contrary to the position adopted by the Plaintiff, the Judgment entered by the
jury in the case at bar accurately reflects the proper disposition of the case. In a
suppIe1ne11tal jury charge, the Honorable Peter C. Dorsey instructed thejurors that in
fact the Plaintiff had prevailed in an earlier adjudication, and specifically directed t.he
jurors to re-convene in order to determine the amount of the plaintiff" s damages.
Judge Dorsey informed the jurors that they had the option of awarding nominal
damages, in the amount of one dollar, or any other amount they believed was
warranted given tl1e testimony before them. Upo11 their return, the jurors awarded
nominal damages to the Plaintiff in the amottnt of one dollar. Additionally, the jurors

Case 3:03-cv-01048-PCD Document 11 1 Filed 11/O3/2005 Page 2 of 3
failed to attach any liability on the remaining counts of the Complaint as to any and
all Defendants. Accordingly, tl1e Judgment should remain as entered by thejury.
A Memorandum of Law in support accompanies this Motion.
THE DEFENDANTS
By:
Walter A. Shalvoy, Jr. (ct25l32)
Maher & Murtha, LLC
528 Clinton Avenue
Bridgeport, CT 06605
(203) 36'il'-2?00

Case 3:03-cv-01048-PCD Document 11 1 Filed 11/O3/2005 Page 3 of 3
CERTIFICATE OF SERVICE
I hereby certify that a copy of the foregoing has been faxed on this 3rd day of
November, 2005 to the following:
Daniel J. Klan, Esq.
Pepe & Hazard LLP
Goodwin Square
225 Asylum Street
Hartford, CT 06103-4302
Fax No: 860-522-2796
Walter A. Shalvoy, Jr.