A $1.4 million malicious prosecution award against a New York City detective must stand because the jury had before it “ample” evidence of the officer’s misconduct, a unanimous panel of the U.S. Court of Appeals for the Second Circuit ruled Friday.
The evidence before the Southern District jury, Judge Amalya L. Kearse wrote for the panel, included “seemingly inexplicable false statements” in Detective Luis Agostini’s reports which were “contrary to the reported first-hand knowledge of others”; evidence of Detective Agostini’s willingness to coerce a false inculpatory statement from an unwilling witness in exchange for not reporting the witness’ “known criminal activities”; and his use of testimony from a witness who was “willing to intimidate others into falsely providing evidence.”
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