Manganiello v. The City Of N.Y.
| Decision Date | 23 July 2010 |
| Docket Number | Docket No. 09-0462-cv. |
| Citation | 612 F.3d 149 |
| Parties | Anthony MANGANIELLO, Plaintiff-Appellee,v.The CITY OF NEW YORK, Shawn Abate, individually and as a New York City Police Detective, Derek Parker, individually and as a New York City Police Detective, Henry Scott, individually and as a New York City Police Lieutenant, Alex Perez, individually and as a New York City Police Officer, Mirian Nieves, individually and as a New York City Police Officer, Michael Phipps, individually and as the Commanding Officer of the 43rd Precinct, John McGovern, individually and as a New York City Police Detective Sergeant, Robert Martinez, individually and as a New York City Police Officer, Geryl McCarthy, individually and as a New York City Police Deputy Inspector, Defendants,Luis Agostini, individually and as a New York City Police Detective, Defendant-Appellant. |
| Court | U.S. Court of Appeals — Second Circuit |
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Michael H. Joseph, White Plains, NY (Osorio & Associates, White Plains, NY, on the brief), for Plaintiff-Appellee.
Victoria Scalzo, Assistant Corporation Counsel, New York, NY (Michael A. Cardozo, Corporation Counsel of the City of New York, Stephen J. McGrath, Amy Okereke, New York, NY, on the brief), for Defendant-Appellant.
Before: KEARSE and CABRANES, Circuit Judges, and EATON, Judge *.
Defendant Luis Agostini, a former detective in the New York City (“City”) Police Department (“NYPD”), appeals from a judgment entered in the United States District Court for the Southern District of New York following a jury trial before Harold Baer, Jr. Judge, ordering Agostini to pay plaintiff Anthony Manganiello, who had been acquitted of charges of murder, $1,426,261 in compensatory damages, $75,000 in punitive damages, and $215,037.50 in attorneys' fees, on Manganiello's claim, brought under 42 U.S.C. § 1983, for malicious prosecution. On appeal, Agostini contends principally that the district court should have granted him judgment as a matter of law on the ground (a) that the malicious prosecution claim was foreclosed by the existence-or presumed existence arising from a grand jury indictment-of probable cause for Manganiello's prosecution, or (b) that Agostini is entitled to qualified immunity on the basis that it was objectively reasonable for him to believe that probable cause existed. Alternatively, Agostini contends that he should be granted a new trial because the jury's verdict was excessive or because there were various alleged errors in the district judge's rulings, instructions, questions, and comments at trial. For the reasons that follow, we affirm the judgment of the district court.
The present case had its inception in the February 12, 2001 fatal shooting of Albert Acosta at the Parkchester South Condominiums (the “Parkchester”) in the Bronx, New York. Agostini was the NYPD detective in charge of the murder investigation. Acosta and Manganiello were special patrol officers who had been on duty at the Parkchester on February 12. Manganiello was promptly arrested for the murder but was released less than 24 hours later for lack of probable cause. He was rearrested on April 20, 2001, and was tried in 2004 on charges of second-degree murder and other related charges; he was acquitted on all counts.
(Verdict Sheet ¶ 2 (emphasis in original)), the jury answered “NO” with respect to Abate and “YES” with respect to Agostini ( id.).
In light of the jury's findings with respect to Abate, the district court granted a motion to dismiss the claim against him on the ground of qualified immunity. ( See Trial Transcript (“Tr.”) 839.) Thereafter, in an Opinion and Order dated December 9, 2008 Manganiello v. Agostini, No. 07 Civ. 3644, 2008 WL 5159776 (S.D.N.Y. Dec. 9, 2008) (“ Manganiello II ”), the court denied motions by Agostini (1) pursuant to Fed.R.Civ.P. 50 for judgment as a matter of law on the ground of qualified immunity or lack of proof of the elements of a malicious prosecution claim, and (2) in the alternative, pursuant to Fed.R.Civ.P. 59, for a new trial on the ground that the district judge committed various errors during the trial see Part III below.
The following description summarizing the events preceding Manganiello's acquittals-which are described more fully by the district court in Manganiello II, 2008 WL 5159776, at *3-*5-is based on the evidence presented at trial in the present action, taken in the light most favorable to Manganiello as the party against whom Agostini sought judgment as a matter of law.
On February 12, 2001, Acosta and Manganiello, on the 8 a.m. to 4 p.m. shift, were assigned to patrol, separately, areas in the eastern quadrant of the Parkchester, which included the building at 1700 Metropolitan Avenue (“1700 Metropolitan”). At about 10:15 a.m., the Parkchester security office sent a message over the security radio system stating that there was a “1013”-meaning an “officer down”-in the basement of 1700 Metropolitan. Manganiello, who had been on his way to a diner for a coffee break, raced to the scene, where numerous police cars had already arrived. Manganiello entered the basement and saw the bleeding body of Acosta. When NYPD crime scene investigators arrived, Manganiello left the building, but he was quickly stopped by NYPD Officer Mirian Nieves, who grabbed his hands and started sniffing them. Nieves and other officers asked Manganiello to come to the police station to help with the investigation. Manganiello agreed.
Upon arriving at the station, Manganiello was placed in an interrogation room where he was questioned by Agostini. Agostini asked whether Manganiello knew of anyone who had animosity toward Acosta, and Manganiello described an incident in which Acosta had been assaulted by members of the Bloods gang, and another in which local thugs had threatened to shoot Acosta. Agostini then asked whether Manganiello had killed Acosta. Manganiello testified that when he responded that he had had nothing to do with it, Agostini “stands up, pissed off and he's looking at me like a piece of garbage.” (Tr. 68.) Agostini then called in two other detectives, and they strip-searched Manganiello-with Agostini even ripping a Band-Aid from Manganiello's finger. Manganiello was photographed, had his hands swabbed, and was placed in a cell. Manganiello had been left wearing only his pants and a tank top, and he asked to have more of his clothes returned because the cell was cold; Agostini just laughed at him.
No gunshot residue was found on Manganiello's hands, and Agostini was instructed by his supervisors that there was no probable cause for Manganiello's arrest. Manganiello was released at 5 a.m. the next morning. He was given back his clothing, but Agostini, shoving him toward the exit, refused to allow him to put the laces in his shoes before leaving the station house.
Agostini never followed up on the information given to him by Manganiello as to persons who had previously threatened or assaulted Acosta. Nor did he pass that information to the assistant district attorney in charge of the case (the “ADA”).
Two days after the shooting, however, Agostini met with Terrence Alston, a member of the Bloods gang who had been in jail since some four months before the Acosta shooting but who claimed to have relevant information. Alston told Agostini that Manganiello had tried to hire Alston to kill a Parkchester security guard. (Manganiello testified in the present case that he had never met or spoken with Alston.) Alston also told Agostini that a friend named Johnny Baker had sold Manganiello a .22 caliber gun-the caliber of the gun used to shoot Acosta. When Agostini interviewed Baker, however, Baker credibly told Agostini that Alston had lied. When Agostini confronted Alston about this lie, Alston became angry and told Agostini not to interview witnesses produced by Alston unless Alston was present. Alston promised that if he were released from jail, he would, within four weeks, produce another witness for Agostini. Agostini viewed Alston as “playing games” to get out of jail (Tr. 256 (internal quotation marks omitted)), but he testified at trial in the present case that it did not occur to him that Alston might be planning to intimidate prospective witnesses when Alston said Agostini was not to interview them in Alston's absence ( see id. at 252).
Approximately two weeks after the homicide, Agostini received information from a taxi driver who reported overhearing a passenger, Alfred Vasquez, say...
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