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Cabral v. US Dep't of Justice, No. 07-1633

By FindLaw Staff on November 12, 2009 3:52 PM

In an appeal arising from an underlying action brought by a nurse practitioner claiming that defendant-sheriff barred plaintiff from a County House of Correction (HOC) for informing the FBI of alleged prisoner abuse at the HOC, denial of defendants' motions for a new trial and for remittur is affirmed where: 1) there is nothing in the record indicating that the district court abused its discretion in making its pre-trial evidentiary and disclosure rulings; 2) district court's dismissal of defendants' action under the Administrative Procedure Act (APA) was proper as there was nothing in the record indicating that agency's denial of the defendants' Touhy requests was arbitrary and capricious; 3) the evidence was sufficient to establish that the sheriff engaged in the callous and reckless conduct necessary to support an award of punitive damages; and 4) the award of punitive damages of $250,000 against sheriff was not excessive. 

Read Cabral v. US Dep't of Justice, No. 07-1633

Appellate Information

Appeal from the United States District Court for the District of Massachusetts

Decided November 12, 2009

Judges

Before:  Torruella, Seyla and Dyk, Circuit Judges

Opinion by Torruella, Circuit Judge

Counsel

For Appellant:  Ellen M. Caulo, Deputy General Counsel

For Appellee:  Lowell V. Sturgill, Jr., Attorney, Appellate Staff, Civil Division, Tony West, Assistant Attorney General, Michael K. Loucks, Acting United States Attorney, and Michael S. Raab, Attorney. 

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